20.10.2012
EN
Official Journal of the European Union
C 319/13
Action brought on 20 August 2012 — American Express Marketing & Development v OHIM (IP ZONE EUROPE)
(Case T-370/12)
2012/C 319/25
Language of the case: English
Parties
Applicant: American Express Marketing & Development Corp. (New York, United States) (represented by: V. Spitz, A. Gaul, T. Golda, and S. Kirschstein-Freund, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—
Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 June 2012 in case R 1452/2011-2;
—
In the alternative, amend the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 June 2012 in case R 1452/2011-2, and rule that the appeal is justified; and
—
Order the defendant to pay the costs of the appeal proceedings and of the proceedings before the Court.
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘IP ZONE EUROPE’ for services in class 42 — Community trade mark application No 9488057
Decision of the Examiner: Rejected the CTM application
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 207/2009.
Full & Egal Universal Law Academy