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Document 62013TN0095

    Case T-95/13: Action brought on 13 February 2013 — Walcher Meßtechnik v OHIM (HIPERDRIVE)

    OJ C 108, 13.4.2013, p. 36–36 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    13.4.2013   

    EN

    Official Journal of the European Union

    C 108/36


    Action brought on 13 February 2013 — Walcher Meßtechnik v OHIM (HIPERDRIVE)

    (Case T-95/13)

    2013/C 108/85

    Language of the case: German

    Parties

    Applicant: Walcher Meßtechnik GmbH (Kirchzarten, Germany) (represented by S. Walter, 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 13 December 2012 in Case R 1779/2012-1;

    Order OHIM to pay the costs including those incurred in the course of the appeal proceedings.

    Pleas in law and main arguments

    Community trade mark concerned: the word mark ‘HIPERDRIVE’ for goods in Classes 7 and 9

    Decision of the Examiner: the application was rejected

    Decision of the Board of Appeal: the appeal was dismissed in part

    Pleas in law:

    Infringement of Article 7(1)(c) of Regulation No 207/2009

    Infringement of Article 7(1)(b) of Regulation No 207/2009


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