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Case T-81/13: Action brought on 12 February 2013 — FTI Touristik v OHIM (BigXtra)
ECLI:EU:UNKNOWN:62013TN0081
62013TN0081
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Official Journal of the European Union
C 108/32
(Case T-81/13)
2013/C 108/80
Language of the case: German
Parties
Applicant: FTI Touristik GmbH (Munich, Germany) (represented by A. Parr, 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 29 November 2012 in Case R 2521/12011-1;
—Order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘BigXtra’ for goods and services in Classes 16, 35, 39, 41, 42 and 43 — Community trade mark application No 9 925 868
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)(b) of Regulation No 207/2009