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Document 62013TN0052

    Case T-52/13: Action brought on 4 February 2013 — Efag Trade Mark Company v OHIM (FICKEN)

    IO C 101, 6.4.2013, p. 21–22 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    6.4.2013   

    EN

    Official Journal of the European Union

    C 101/21


    Action brought on 4 February 2013 — Efag Trade Mark Company v OHIM (FICKEN)

    (Case T-52/13)

    2013/C 101/46

    Language of the case: German

    Parties

    Applicant: Efag Trade Mark Company GmbH & Co. KG (Schemmerhofen, Germany) (represented by M. Wekwerth, 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 18 October 2012 in Case R 493/2012-1;

    Order the defendant to pay the costs including those incurred in the appeal proceedings.

    Pleas in law and main arguments

    Community trade mark concerned: the word mark ‘FICKEN’ for goods and services in Classes 25, 32, 33 and 43 — Community trade mark application No 9 274 366

    Decision of the Examiner: the application was rejected

    Decision of the Board of Appeal: the appeal was dismissed

    Pleas in law: Infringement of Article 7(1)(f) and Article 7(2) of Regulation No 207/2009


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