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Case T-137/13: Action brought on 7 March 2013 — Saferoad RRS v OHIM (MEGARAIL)
ECLI:EU:UNKNOWN:62013TN0137
62013TN0137
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4.5.2013
EN
Official Journal of the European Union
C 129/27
(Case T-137/13)
2013/C 129/52
Language of the case: German
Parties
Applicant: Saferoad RRS GmbH (Weroth, Germany) (represented by C. Czychowski, 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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 January 2013 in Case R 2536/2011-4 and the Examiner’s decision of 23 November 2011 in so far as the mark was rejected;
—Order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘MEGARAIL’ for goods and services in Classes 6, 19 and 37
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)(c) of Regulation No 207/2009
—Infringement of Article 7(1)(b) of Regulation No 207/2009