CELEX: 62012TN0575
Language: en
Date: 2012-12-28 00:00:00
Title: Case T-575/12: Action brought on 28 December 2012 — Pyrox v OHIM — Köb Holzheizsysteme (PYROX)

23.2.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 55/23
            
         Action brought on 28 December 2012 — Pyrox v OHIM — Köb Holzheizsysteme (PYROX)
   (Case T-575/12)
   2013/C 55/41
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Pyrox GmbH (Oberhausen, Germany) (represented by: T. Eigen, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Köb Holzheizsysteme GmbH (Wolfurt/Vorarlberg, Austria)
   
      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 4 October 2012 in joined Cases R 2187/2011-1 and R 2507/2011-1;
            
         
               —
            
            
               Order the defendant to pay the costs including those incurred in the proceedings before OHIM.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: the applicant
   
      Community trade mark concerned: the figurative mark which includes the word element ‘PYROX’, for goods in Classes 4, 7 and 11 — Community trade mark application No 8 612 781
   
      Proprietor of the mark or sign cited in the opposition proceedings: Köb Holzheizsysteme GmbH
   
      Mark or sign cited in opposition: the national word mark ‘PYROT’ for goods in Class 11
   
      Decision of the Opposition Division: the opposition was upheld in part
   
      Decision of the Board of Appeal: the contested decision was annulled in part and the application was rejected in its entirety
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009