Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 7.3.2016 | EN | Official Journal of the European Union | C 90/23 |

---

Action brought on 15 January 2016 — Gauff v OHIM — H.P. Gauff Ingenieure (GAUFF)

(Case T-13/16)

(2016/C 090/31)

Language in which the application was lodged: German

Parties

Applicant: Gauff GmbH & Co. Engineering KG (Nuremberg, Germany) (represented by: A. Molnar)

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

Other party to the proceedings before the Board of Appeal: H.P. Gauff Ingenieure GmbH & Co. KG — JBG (Frankfurt am Main, Germany)

Details of the proceedings before OHIM

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: Community figurative mark containing the word element ‘Gauff’ — Community mark No 6 327 977

Procedure before OHIM: Invalidity proceedings

Contested decision: Decision of the First Board of Appeal of OHIM of 12 November 2015 in Case R 549/2015-1

Form of order

The applicant claims that the Court should:

|  |  |
| --- | --- |
| — | annul the contested decision; or  in the alternative, send the case back to OHIM for further examination of the disputed matters that were, in error, not examined; |

|  |  |
| --- | --- |
| — | order OHIM to pay the costs of the proceedings including those incurred in the proceedings before the Board of Appeal. |

Plea in law

|  |  |
| --- | --- |
| — | Infringement of Articles 53, 56, 57, 76 of Regulation No 207/2009 and infringement of Regulation No 2868/95 as well as infringement of the right to be heard and failure to state reasons. |

---

[Top](#document1)