# C_2013252EN.01003702.xml

| 31.8.2013 | EN | Official Journal of the European Union | C 252/37 |
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31.8.2013

EN

Official Journal of the European Union

C 252/37

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Action brought on 1 July 2013 — Hawe Hydraulik v OHIM — HaWi Energietechnik (HAWI)

(Case T-347/13)

2013/C 252/63

Language in which the application was lodged: German

Parties

Parties

Applicant: Hawe Hydraulik SE (Munich, Germany) (represented by: G. Würtenberger and R. Kunze, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: HaWi Energietechnik AG (Eggenfelden, Germany)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 April 2013 in Case R 1690/2012-4 relating to Community trade mark application No 6 558 589‘HAWI’; |
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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 26 April 2013 in Case R 1690/2012-4 relating to Community trade mark application No 6 558 589‘HAWI’;

| — | Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs. |
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Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: HaWi Energietechnik AG

Applicant for a Community trade mark:

Community trade mark concerned: the word mark ‘HAWI’ for goods and services in Classes 7, 9, 35, 37 and 42 — Community trade mark application No 6 558 589

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: the applicant

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: the figurative mark including the word element ‘HAWE’ for goods in Classes 7 and 9

Mark or sign cited in opposition:

Decision of the Opposition Division: the opposition was rejected

Decision of the Opposition Division:

Decision of the Board of Appeal: the appeal was dismissed

Decision of the Board of Appeal:

Pleas in law:

Pleas in law:

| — | Infringement of Article 42(2) in conjunction with Article 78(1)(f) of Regulation No 207/2009; |
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Infringement of Article 42(2) in conjunction with Article 78(1)(f) of Regulation No 207/2009;

| — | Infringement of the right to be heard regarding the erroneous assessment of the evidence constituted by the declaration on oath; |
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Infringement of the right to be heard regarding the erroneous assessment of the evidence constituted by the declaration on oath;

| — | Infringement of the right to be heard regarding the erroneous assessment of the evidence constituted by the extracts from the Internet; |
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Infringement of the right to be heard regarding the erroneous assessment of the evidence constituted by the extracts from the Internet;

| — | Infringement of the right to be heard regarding the assessment of the proof of use in its entirety; |
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Infringement of the right to be heard regarding the assessment of the proof of use in its entirety;

| — | Infringement of the right to be heard regarding the failure to take the proof of use into account; |
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Infringement of the right to be heard regarding the failure to take the proof of use into account;

| — | Infringement of Article 76(2) of Regulation No 207/2009 |
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Infringement of Article 76(2) of Regulation No 207/2009

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