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,

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