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Case T-273/12: Action brought on 15 June 2012 — Unister v OHIM (Ab in den Urlaub)
ECLI:EU:UNKNOWN:62012TN0273
62012TN0273
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11.8.2012
Official Journal of the European Union
C 243/31
(Case T-273/12)
2012/C 243/54
Language of the case: German
Parties
Applicant: Unister GmbH (Leipzig, Germany) (represented by H. Hug and A. Kessler-Jensch, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 April 2012 in Case R 2150/2011-1;
—order the defendant to pay the costs of the proceedings.
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘Ab in den Urlaub’ for services in classes 35, 39, 41 and 43 — Community trade mark application No 9 692 286
Decision of the Examiner: Registration refused
Decision of the Board of Appeal: Appeal dismissed
Pleas in law:
—Infringement of Article 7(1)(b) of Regulation No 207/2009
—Infringement of Article 7(3) of Regulation No 207/2009