CELEX: 62013TN0137
Language: en
Date: 2013-03-07 00:00:00
Title: Case T-137/13: Action brought on 7 March 2013 — Saferoad RRS v OHIM (MEGARAIL)

4.5.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 129/27
            
         Action brought on 7 March 2013 — Saferoad RRS v OHIM (MEGARAIL)
   (Case T-137/13)
   2013/C 129/52
   Language of the case: German
   
      Parties
   
   
      Applicant: Saferoad RRS GmbH (Weroth, Germany) (represented by C. Czychowski, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 January 2013 in Case R 2536/2011-4 and the Examiner’s decision of 23 November 2011 in so far as the mark was rejected;
            
         
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               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: the word mark ‘MEGARAIL’ for goods and services in Classes 6, 19 and 37
   
      Decision of the Examiner: the application was rejected
   
      Decision of the Board of Appeal: the appeal was dismissed
   
      Pleas in law:
   
   
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               Infringement of Article 7(1)(c) of Regulation No 207/2009
            
         
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               Infringement of Article 7(1)(b) of Regulation No 207/2009