do-me/EUR-LEX huggingface dataset:
Case T-52/13: Action brought on 4 February 2013 — Efag Trade Mark Company v OHIM (FICKEN)
Date: 2013-02-04
Institutions: General Court
Subjects: EU trade mark, beverage industry, clothing industry, registered trade mark, trade-mark law








C_2013101EN.01002102.xml










6.4.2013   


EN


Official Journal of the European Union


C 101/21





Action brought on 4 February 2013 — Efag Trade Mark Company v OHIM (FICKEN)
(Case T-52/13)
2013/C 101/46
Language of the case: German

Parties


Applicant: Efag Trade Mark Company GmbH & Co. KG (Schemmerhofen, Germany) (represented by M. Wekwerth, lawyer)

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 First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 October 2012 in Case R 493/2012-1;










—


Order the defendant to pay the costs including those incurred in the appeal proceedings.





Pleas in law and main arguments


Community trade mark concerned: the word mark ‘FICKEN’ for goods and services in Classes 25, 32, 33 and 43 — Community trade mark application No 9 274 366

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)(f) and Article 7(2) of Regulation No 207/2009