29.6.2013
EN
Official Journal of the European Union
C 189/26
Action brought on 19 April 2013 — NIIT Insurance Technologies v OHIM (EXACT)
(Case T-228/13)
2013/C 189/55
Language of the case: German
Parties
Applicant: NIIT Insurance Technologies Ltd. (London, United Kingdom) (represented by M. Wirtz, 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 18 February 2013 in Case R 1307/2012-4 concerning Community trade mark registration 010355501, Word: EXACT and the previous decision of the Trade Marks Department of OHIM of 29 May 2012 concerning Community trade mark registration 010355501, Word: EXACT, in so far as the trade mark was refused protection;
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Order OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: Word Mark EXACT for goods and services in Classes 9, 16 and 42 — Community trade mark registration No 10 355 501
Decision of the Examiner: Partial rejection of the registration
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law:
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Infringement of Article 7(1)(c) of Regulation No 207/2009;
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Infringement of Article 7(1)(b) of Regulation No 207/2009;
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Infringement of Article 83 of Regulation No 207/2009 in conjunction with the principle of equal treatment and of Articles 6 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, concluded in Rome on 4 November 1950, in the version of Protocol 11, which entered into force on 1 November 1998;
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Infringement of Article 56 of the Treaty on the Functioning of the European Union.
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