CELEX: 62013TN0655
Language: en
Date: 2013-12-09 00:00:00
Title: Case T-655/13: Action brought on 9 December 2013 — Enercon v OHIM (Shades of the colour green)

8.2.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 39/26
            
         Action brought on 9 December 2013 — Enercon v OHIM (Shades of the colour green)
   (Case T-655/13)
   2014/C 39/47
   Language of the case: German
   
      Parties
   
   
      Applicant: Enercon GmbH (Aurich, Germany) (represented by R. Böhm, 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 First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 September 2013 in Case R 0247/2013-1;
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: the figurative mark representing shades of the colour green for goods in Classes 7, 16 and 28 — Community trade mark application No 11055811
   
      Decision of the Examiner: the application was rejected
   
      Decision of the Board of Appeal: the appeal was dismissed
   
      Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 207/2009