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Case T-95/13: Action brought on 13 February 2013 — Walcher Meßtechnik v OHIM (HIPERDRIVE)
ECLI:EU:UNKNOWN:62013TN0095
62013TN0095
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Official Journal of the European Union
C 108/36
(Case T-95/13)
2013/C 108/85
Language of the case: German
Parties
Applicant: Walcher Meßtechnik GmbH (Kirchzarten, Germany) (represented by S. Walter, 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 13 December 2012 in Case R 1779/2012-1;
—Order OHIM to pay the costs including those incurred in the course of the appeal proceedings.
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘HIPERDRIVE’ for goods in Classes 7 and 9
Decision of the Examiner: the application was rejected
Decision of the Board of Appeal: the appeal was dismissed in part
Pleas in law:
—Infringement of Article 7(1)(c) of Regulation No 207/2009
—Infringement of Article 7(1)(b) of Regulation No 207/2009