Action brought on 29 August 2014 — NTS Energie- und Transportsysteme v OHIM — Schütz (X-Windwerk)

(Case T-649/14)

(2014/C 395/68)

Language in which the application was lodged: German

Parties

Applicant: NTS Energie- und Transportsysteme GmbH (Berlin, Germany) (represented by: S. Mach, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Schütz GmbH & Co. KGaA (Selters, Germany)

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 23 May 2014 in Case R 978/2013-1

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark ‘X-Windwerk’ for services in Classes 39, 40 and 42 — Community trade mark application No 10 719 466

Proprietor of the mark or sign cited in the opposition proceedings: the other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: the word mark ‘Wind Werk’ for goods and services in Classes 7, 9, 37 and 42

Decision of the Opposition Division: the opposition was rejected

Decision of the Board of Appeal: the Opposition Division’s decision was annulled and the application for the Community trade mark was rejected

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009