26.1.2013
EN
Official Journal of the European Union
C 26/65
Action brought on 22 November 2012 — NCL v OHIM (NORWEGIAN GETAWAY)
(Case T-513/12)
2013/C 26/129
Language of the case: German
Parties
Applicant: NCL Corporation Ltd (Miami, United States of America) (represented by N. Grüger, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
—
Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in case R 1014/2012-4 of 12 September 2012 and refer the case back to the Board of Appeal;
—
in the alternative, annul the decision in respect of services in Class 39: ‘Arranging of cruises, Cruise ship services, Cruise arrangement’ and refer the case back to the Board of Appeal;
—
order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘NORWEGIAN GETAWAY’ for services in Class 39 — Community trade mark application No 10 281 939
Decision of the Examiner: Registration refused
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 7(1)(b) and (c) in conjunction with Article 7(2) of Regulation No 207/2009
Full & Egal Universal Law Academy