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Case T-54/13: Action brought on 4 February 2013 — Efag Trade Mark Company v OHIM (FICKEN LIQUORS)
ECLI:EU:UNKNOWN:62013TN0054
62013TN0054
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6.4.2013
Official Journal of the European Union
C 101/22
(Case T-54/13)
2013/C 101/48
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 15 November 2012 in Case R 2544/2011-1;
—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 figurative mark including the word element ‘FICKEN LIQUORS’ for goods and services in Classes 25, 32, 33 and 35
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