Judgment — ECLI:EU:T:2014:941
Date: 2014-11-12
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 19 November 2012 - Murnauer Markenvertrieb v OHIM (NOTFALL CREME) (Case T-504/12) Language of the case: German Parties Applicant: Murnauer Markenvertrieb GmbH (Trebur, Germany) (represented by F. Traub and H. Daniel, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) 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 20 September 2012 in Case R 271/2012-4; Order the defendant to pay the costs. Pleas in law and main arguments Community trade mark concerned: the figurative mark, including the word element 'NOTFALL CREME' for goods in Classes 3 and 5 - Community trade mark application No 10 107 134 Decision of the Examiner: the application was rejected Decision of the Board of Appeal: the appeal was dismissed Pleas in law: Infringement of Article 7(1)(b) and (c) and Article 83 of Regulation No 207/2009 ____________