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8.2.2014 |
EN |
Official Journal of the European Union |
C 39/21 |
Action brought on 13 November 2013 — BSH Bosch und Siemens Hausgeräte v OHIM — LG Electronics (compressor technology)
(Case T-595/13)
2014/C 39/36
Language in which the application was lodged: German
Parties
Applicant: BSH Bosch und Siemens Hausgeräte GmbH (Munich, Germany) (represented by: S. Biagosch, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: LG Electronics, Inc. (Seoul, Korea)
Form of order sought
The applicant claims that the Court should:
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Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 5 September 2013 (Case R 1176/2012-1); |
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Order OHIM to bear its own costs and to pay the costs incurred by the applicant. |
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the figurative mark ‘compressor technology’ for goods in Classes 7, 9 and 11 — Community trade mark application No 7420151
Proprietor of the mark or sign cited in the opposition proceedings: LG Electronics, Inc.
Mark or sign cited in opposition: the word marks ‘KOMPRESSOR PLUS’ and ‘KOMPRESSOR’ for goods in Classes 7 and 11
Decision of the Opposition Division: the opposition was upheld in part
Decision of the Board of Appeal: the appeal was dismissed in part
Pleas in law: Infringement of Article 8(1)(a) and (b) of Regulation (EC) No 207/2009