CELEX: 62013TN0683
Language: en
Date: 2013-12-20 00:00:00
Title: Case T-683/13: Action brought on 20 December 2013 — Brammer v OHIM — Office Ernest T. Freylinger (EUROMARKER)

1.3.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 61/14
            
         Action brought on 20 December 2013 — Brammer v OHIM — Office Ernest T. Freylinger (EUROMARKER)
   (Case T-683/13)
   2014/C 61/24
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Brammer GmbH (Vienna, Austria) (represented by: R. Kornfeld, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Office Ernest T. Freylinger SA (Strassen, Luxembourg)
   
      Form of order sought
   
   The applicant claims that the Court should:
   in so far as the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) also confirmed the decision of the Opposition Division of 4 July 2012, in that it upheld the opposition also for the supply of services in Class 38 and in Class 42,
   
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               find that the Office for Harmonisation in the Internal Market (Trade Marks and Designs) made an error;
            
         
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               annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 October 2013 in Case R 1653/2012-1;
            
         
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               order the defendant OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Brammer GmbH
   
      Community trade mark concerned: Word mark ‘EUROMARKER’ for services in Classes 38, 42 and 45 — Community trade mark application Nr 9 852 849
   
      Proprietor of the mark or sign cited in the opposition proceedings: Office Ernest T. Freylinger SA
   
      Mark or sign cited in opposition: Word mark ‘EURIMARK’ for services in Classes 35, 41, 42 and 45 — Community trade mark No 5 850 111
   
      Decision of the Opposition Division: The opposition was upheld
   
      Decision of the Board of Appeal: The appeal was dismissed
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009