11.8.2012
EN
Official Journal of the European Union
C 243/24
Action brought on 29 May 2012 — Airbus v OHIM (NEO)
(Case T-236/12)
2012/C 243/42
Language of the case: English
Parties
Applicant: Airbus SAS (France) (represented by: G. Würtenberger and R. Kunze, 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 23 February 2012 in case R 1387/2011-1;
—
Order the defendant to pay the costs of the proceedings.
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘NEO’ for goods and services in classes 7, 12, and 39 — Community trade mark application No 9624974
Decision of the Examiner: Partially refused to register the community trade mark application
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law:
—
Infringement of Articles 64(1) and 59 of Council Regulation No 207/2009;
—
Infringement of Articles 7(1)(b), 7(1)(c) and 7(2) of Council Regulation No 207/2009; and
—
Infringement of Articles 75 and 76 of Council Regulation No 207/2009.
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