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Case T-105/13: Action brought on 19 February 2013 — Ludwig Schokolade v OHIM — Immergut (TrinkFix)
ECLI:EU:UNKNOWN:62013TN0105
62013TN0105
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EN
Official Journal of the European Union
C 108/36
(Case T-105/13)
2013/C 108/86
Language in which the application was lodged: German
Parties
Applicant: Ludwig Schokolade GmbH & Co. KG (Bergisch Gladbach, Germany) (represented by: S. Fischer and A. Brodkorb, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Immergut GmbH & Co. KG (Elsdorf, Germany)
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 34/2012-1;
—order OHIM to pay the costs of the proceedings, including those incurred during the appeal proceedings before it.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: Word mark ‘TrinkFix’ for goods in Classes 29, 30 and 32 — Community trade mark application No 9 045 634
Proprietor of the mark or sign cited in the opposition proceedings: Immergut GmbH & Co. KG
Mark or sign cited in opposition: National and Community word mark ‘Drinkfit’ for goods in Classes 29 and 32
Decision of the Opposition Division: opposition upheld in part
Decision of the Board of Appeal: appeal dismissed
Pleas in law: infringement of Article 42(2) and (3) of Regulation No 207/2009 and of Article 8(1)(b) of Regulation No 207/2009.