1.6.2013
EN
Official Journal of the European Union
C 156/51
Action brought on 1 April 2013 — M.E.M. v OHIM (MONACO)
(Case T-197/13)
2013/C 156/93
Language of the case: French
Parties
Applicant: MARQUES DE L’ÉTAT DE MONACO (M.E.M.) (Monaco, Monaco) (represented by: S. Arnaud, 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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 January 2013 in Case R 113/2012-4;
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Order OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: International registration designating the European Union of the word mark ‘MONACO’ for goods and services in Classes 9, 12, 14, 16, 18, 25, 28, 35, 38, 39, 41 and 43 — International registration designating the European Union No 1 069 254
Decision of the Examiner: Partial refusal of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law:
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First plea, alleging infringement of Articles 5, 7(1)(b) and (c) and 7(2) of Regulation No 207/2009
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Second plea, alleging infringement of the law in the interpretation of distinctiveness
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Third plea, alleging a manifest error in the assessment of distinctiveness
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Fourth plea, alleging a failure to state reasons, insufficient reasoning or contradictory reasons for the refusal of registration for the goods in Class 9
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Fifth plea, alleging the infringement of Article 75 of Regulation No 207/2009 and of Article 296 of the Treaty on the Functioning of the European Union and of Article 6 of the European Convention on Human Rights on the ground of insufficient reasoning
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