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Case T-513/13: Action brought on 23 September 2013 — Braun Melsungen v OHIM (SafeSet)
ECLI:EU:UNKNOWN:62013TN0513
62013TN0513
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16.11.2013
Official Journal of the European Union
C 336/28
(Case T-513/13)
2013/C 336/61
Language of the case: German
Parties
Applicant: B. Braun Melsungen AG (Melsungen, Germany) (represented by M.-C. Seiler, 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 contested decision of the First Board of Appeal of OHIM of 27 June 2013;
—Alter the contested decision of the First Board of Appeal of OHIM of 27 June 2013 so that the preceding rejection decision of OHIM of 25 June 2012 is annulled;
—Alter the contested decision of the First Board of Appeal of OHIM of 27 June 2013 so that the registration procedure is continued;
—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 ‘SafeSet’ for goods in Class 10 — Community trade mark application No 10 549 368
Decision of the Examiner: the application was rejected
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: Infringement of Articles 7(1)(b) and (c), 7(2), 75 and 76 of Regulation (EC) No 207/2009