This document is an excerpt from the EUR-Lex website
Document 62013TN0683
Case T-683/13: Action brought on 20 December 2013 — Brammer v OHIM — Office Ernest T. Freylinger (EUROMARKER)
Case T-683/13: Action brought on 20 December 2013 — Brammer v OHIM — Office Ernest T. Freylinger (EUROMARKER)
Case T-683/13: Action brought on 20 December 2013 — Brammer v OHIM — Office Ernest T. Freylinger (EUROMARKER)
OJ C 61, 1.3.2014, p. 14–14
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
1.3.2014 |
EN |
Official Journal of the European Union |
C 61/14 |
Action brought on 20 December 2013 — Brammer v OHIM — Office Ernest T. Freylinger (EUROMARKER)
(Case T-683/13)
2014/C 61/24
Language in which the application was lodged: German
Parties
Applicant: Brammer GmbH (Vienna, Austria) (represented by: R. Kornfeld, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Office Ernest T. Freylinger SA (Strassen, Luxembourg)
Form of order sought
The applicant claims that the Court should:
in so far as the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) also confirmed the decision of the Opposition Division of 4 July 2012, in that it upheld the opposition also for the supply of services in Class 38 and in Class 42,
|
— |
find that the Office for Harmonisation in the Internal Market (Trade Marks and Designs) made an error; |
|
— |
annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 October 2013 in Case R 1653/2012-1; |
|
— |
order the defendant OHIM to pay the costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: Brammer GmbH
Community trade mark concerned: Word mark ‘EUROMARKER’ for services in Classes 38, 42 and 45 — Community trade mark application Nr 9 852 849
Proprietor of the mark or sign cited in the opposition proceedings: Office Ernest T. Freylinger SA
Mark or sign cited in opposition: Word mark ‘EURIMARK’ for services in Classes 35, 41, 42 and 45 — Community trade mark No 5 850 111
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 No 207/2009