CELEX: 62013TN0266
Language: en
Date: 2013-05-16 00:00:00
Title: Case T-266/13: Action brought on 16 May 2013 — Brainlab v OHIM (Curve)

27.7.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 215/14
            
         Action brought on 16 May 2013 — Brainlab v OHIM (Curve)
   (Case T-266/13)
   2013/C 215/18
   Language of the case: German
   
      Parties
   
   
      Applicant: Brainlab AG (Feldkirchen, Germany) (represented by J. Bauer, 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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 March 2013 in Case R 2073/2012-4 and the decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 September 2012 in registration procedure No 008608473;
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: the word mark ‘Curve’ for goods and services in Classes 9, 10, 35, 38, 41, 42, 44 and 45 — Community trade mark application No 8 608 473
   
      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)(f) of Regulation No 207/2009