CELEX: 62012TN0179
Language: en
Date: 2012-04-20 00:00:00
Title: Case T-179/12: Action brought on 20 April 2012 — Wirtgen v OHIM (Shape of a chisel holder)

23.6.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 184/19
            
         Action brought on 20 April 2012 — Wirtgen v OHIM (Shape of a chisel holder)
   (Case T-179/12)
   2012/C 184/34
   Language of the case: German
   
      Parties
   
   
      Applicant: Wirtgen GmbH (Windhagen, Germany) (represented by S. Jackermeier, 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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 February 2012 in Case R 1923/2011-4;
            
         
               —
            
            
               order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: the three-dimensional mark in the form of a chisel holder for goods in Class 7 — application No 9 749 631
   
      Decision of the Examiner: rejection of the application
   
      Decision of the Board of Appeal: dismissal of the appeal
   
      Pleas in law: Infringement of Article 37(3), the second sentence of Article 75, Article 63(2), the first part of Article 76(1) and Article 77(1) of Regulation No 207/2009 and infringement of Article 7(1)(b) of Regulation No 207/2009