CELEX: 62013TN0535
Language: en
Date: 2013-10-07 00:00:00
Title: Case T-535/13: Action brought on 7 October 2013 — Vakoma v OHIM — VACOM (VAKOMA)

14.12.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 367/32
            
         Action brought on 7 October 2013 — Vakoma v OHIM — VACOM (VAKOMA)
   (Case T-535/13)
   2013/C 367/57
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Vakoma GmbH (Magdeburg, Germany) (represented by: P. Kazzer, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: VACOM Vakuum Komponenten & Messtechnik GmbH (Jena, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Reject opposition No B1 833 915 as unfounded by annulling the decision of the First Board of Appeal of OHIM of 1 August 2013 (Case R 0908/2012-1), which was notified to the applicant on 6 August 2013, and by annulling the decision of the Opposition Division of OHIM of 12 March 2012;
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: the applicant
   
      Community trade mark concerned: the figurative mark ‘VAKOMA’ for goods and services in Classes 7, 40 and 42 — Community trade mark application No 9 437 963
   
      Proprietor of the mark or sign cited in the opposition proceedings: VACOM Vakuum Komponenten & Messtechnik GmbH
   
      Mark or sign cited in opposition: the Community word mark ‘VACOM’ for goods in Classes 7, 9 and 42
   
      Decision of the Opposition Division: the opposition was upheld
   
      Decision of the Board of Appeal: the appeal was dismissed
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009