CELEX: 62013TN0513
Language: en
Date: 2013-09-23 00:00:00
Title: Case T-513/13: Action brought on 23 September 2013 — Braun Melsungen v OHIM (SafeSet)

16.11.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 336/28
            
         Action brought on 23 September 2013 — Braun Melsungen v OHIM (SafeSet)
   (Case T-513/13)
   2013/C 336/61
   Language of the case: German
   
      Parties
   
   
      Applicant: B. Braun Melsungen AG (Melsungen, Germany) (represented by M.-C. Seiler, 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 contested decision of the First Board of Appeal of OHIM of 27 June 2013;
            
         
               —
            
            
               Alter the contested decision of the First Board of Appeal of OHIM of 27 June 2013 so that the preceding rejection decision of OHIM of 25 June 2012 is annulled;
            
         
               —
            
            
               Alter the contested decision of the First Board of Appeal of OHIM of 27 June 2013 so that the registration procedure is continued;
            
         
               —
            
            
               Order OHIM to pay the costs, including those incurred in the course of the appeal proceedings.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: the word mark ‘SafeSet’ for goods in Class 10 — Community trade mark application No 10 549 368
   
      Decision of the Examiner: the application was rejected
   
      Decision of the Board of Appeal: the appeal was dismissed
   
      Pleas in law: Infringement of Articles 7(1)(b) and (c), 7(2), 75 and 76 of Regulation (EC) No 207/2009