Judgment — ECLI:EU:T:2014:1070
Date: 2014-12-12
Language of the case: German
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 19 February 2013 - Ludwig Schokolade v OHIM - Immergut (TrinkFix) (Case T-105/13) Language in which the application was lodged: German Parties Applicant: Ludwig Schokolade GmbH & Co. KG (Bergisch Gladbach, Germany) (represented by: S. Fischer and A. Brodkorb, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Immergut GmbH & Co. KG (Elsdorf, Germany) Form of order sought The applicant claims that the Court should: annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 December 2012 in Case R 34/2012-1; order OHIM to pay the costs of the proceedings, including those incurred during the appeal proceedings before it. Pleas in law and main arguments Applicant for a Community trade mark: The applicant Community trade mark concerned: Word mark 'TrinkFix' for goods in Classes 29, 30 and 32 - Community trade mark application No 9 045 634 Proprietor of the mark or sign cited in the opposition proceedings: Immergut GmbH & Co. KG Mark or sign cited in opposition: National and Community word mark 'Drinkfit' for goods in Classes 29 and 32 Decision of the Opposition Division: opposition upheld in part Decision of the Board of Appeal: appeal dismissed Pleas in law: infringement of Article 42(2) and (3) of Regulation No 207/2009 and of Article 8(1)(b) of Regulation No 207/2009. ____________