CELEX: 62013TN0253
Language: en
Date: 2013-05-06 00:00:00
Title: Case T-253/13: Action brought on 6 May 2013 — Orthogen v OHIM — Arthrex Medizinische Instrumente (IRAP)

20.7.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 207/40
            
         Action brought on 6 May 2013 — Orthogen v OHIM — Arthrex Medizinische Instrumente (IRAP)
   (Case T-253/13)
   2013/C 207/67
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Orthogen AG (Düsseldorf, Germany) (represented by: M. Finger and S. Krüger, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Arthrex Medizinische Instrumente GmbH (Karlsfeld, Germany)
   
      Form of order sought
   
   The applicant claims that the General Court should:
   
               —
            
            
               annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 February 2013 in Case R 382/2012-1;
            
         
               —
            
            
               order OHIM to pay the costs of the proceedings, including those incurred before the Board of Appeal.
            
         
      Pleas in law and main arguments
   
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark ‘IRAP’ for goods and services in Classes 1, 5, 10, 42 and 44 — Community trade mark No 3 609 121
   
      Proprietor of the Community trade mark: The applicant
   
      Applicant for the declaration of invalidity of the Community trade mark: Arthrex Medizinische Instrumente GmbH
   
      Grounds for the application for a declaration of invalidity: Absolute ground for invalidity; ‘IRAP’ is a commonly used abbreviation for a certain protein which plays a significant role in certain medical and veterinary treatments.
   
      Decision of the Cancellation Division: Application for a declaration of invalidity granted
   
      Decision of the Board of Appeal: Appeal dismissed
   
      Pleas in law: Infringement of Article 52(1)(a) of Regulation No 207/2009 and of Article 7(1)(b) of Regulation No 207/2009.