CELEX: 62013TN0105
Language: en
Date: 2013-02-19 00:00:00
Title: Case T-105/13: Action brought on 19 February 2013 — Ludwig Schokolade v OHIM — Immergut (TrinkFix)

13.4.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 108/36
            
         Action brought on 19 February 2013 — Ludwig Schokolade v OHIM — Immergut (TrinkFix)
   (Case T-105/13)
   2013/C 108/86
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Ludwig Schokolade GmbH & Co. KG (Bergisch Gladbach, Germany) (represented by: S. Fischer and A. Brodkorb, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Immergut GmbH & Co. KG (Elsdorf, Germany)
   
      Form of order sought
   
   The applicant claims that the 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 13 December 2012 in Case R 34/2012-1;
            
         
               —
            
            
               order OHIM to pay the costs of the proceedings, including those incurred during the appeal proceedings before it.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: Word mark ‘TrinkFix’ for goods in Classes 29, 30 and 32 — Community trade mark application No 9 045 634
   
      Proprietor of the mark or sign cited in the opposition proceedings: Immergut GmbH & Co. KG
   
      Mark or sign cited in opposition: National and Community word mark ‘Drinkfit’ for goods in Classes 29 and 32
   
      Decision of the Opposition Division: opposition upheld in part
   
      Decision of the Board of Appeal: appeal dismissed
   
      Pleas in law: infringement of Article 42(2) and (3) of Regulation No 207/2009 and of Article 8(1)(b) of Regulation No 207/2009.