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Case T-575/12: Action brought on 28 December 2012 — Pyrox v OHIM — Köb Holzheizsysteme (PYROX)
ECLI:EU:UNKNOWN:62012TN0575
62012TN0575
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Valentina R., lawyer
23.2.2013
EN
Official Journal of the European Union
C 55/23
(Case T-575/12)
2013/C 55/41
Language in which the application was lodged: German
Parties
Applicant: Pyrox GmbH (Oberhausen, Germany) (represented by: T. Eigen, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Köb Holzheizsysteme GmbH (Wolfurt/Vorarlberg, Austria)
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 4 October 2012 in joined Cases R 2187/2011-1 and R 2507/2011-1;
—Order the defendant to pay the costs including those incurred in the proceedings before OHIM.
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the figurative mark which includes the word element ‘PYROX’, for goods in Classes 4, 7 and 11 — Community trade mark application No 8 612 781
Proprietor of the mark or sign cited in the opposition proceedings: Köb Holzheizsysteme GmbH
Mark or sign cited in opposition: the national word mark ‘PYROT’ for goods in Class 11
Decision of the Opposition Division: the opposition was upheld in part
Decision of the Board of Appeal: the contested decision was annulled in part and the application was rejected in its entirety
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009