2.2.2013
EN
Official Journal of the European Union
C 32/22
Action brought on 27 November 2012 — Pågen Trademark v OHIM (gifflar)
(Case T-520/12)
2013/C 32/34
Language of the case: Swedish
Parties
Applicant: Pågen Trademark AB (Malmö, Sweden) (represented by J. Norderyd, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
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Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 September 2012 (1) in Case R 46/2012-2 and declare that Community trade mark No 1 009 0331 GIFFLAR (fig) applied for by Pågen Trademark AB is to be published and registered, or, in the alternative, order OHIM to publish and register the trade mark;
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Order the defendant to pay the applicant’s costs.
Pleas in law and main arguments
Community trade mark concerned: Figurative mark containing the word element ‘gifflar’ for goods in Classes 29, 30 and 31 — application for registration of Community trade mark No 1 009 0331
Decision of the Examiner: Rejection in part of the application for registration
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law:
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Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009
—
Infringement of Article 7(3) of Regulation No 207/2009
(1) Translator’s note: The correct date of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Case R 46/2012-2 is 18 September 2012 as stated in the OHIM database.
Full & Egal Universal Law Academy