CELEX: 62013TN0095
Language: en
Date: 2013-02-13 00:00:00
Title: Case T-95/13: Action brought on 13 February 2013 — Walcher Meßtechnik v OHIM (HIPERDRIVE)

13.4.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 108/36
            
         Action brought on 13 February 2013 — Walcher Meßtechnik v OHIM (HIPERDRIVE)
   (Case T-95/13)
   2013/C 108/85
   Language of the case: German
   
      Parties
   
   
      Applicant: Walcher Meßtechnik GmbH (Kirchzarten, Germany) (represented by S. Walter, 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 First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 December 2012 in Case R 1779/2012-1;
            
         
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               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 ‘HIPERDRIVE’ for goods in Classes 7 and 9
   
      Decision of the Examiner: the application was rejected
   
      Decision of the Board of Appeal: the appeal was dismissed in part
   
      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