16.2.2013

Official Journal of the European Union

C 46/21

(Case T-541/12)

2013/C 46/37

Language in which the application was lodged: German

Parties

Applicant: Wedi GmbH (Emsdetten, Germany) (represented by: O. Bischof, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Mehlhose Bauelemente für Dachrand + Fassade GmbH & Co. KG (Herford, Germany)

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 25 September 2012 in Case R 2255/2011-4;

—Alternatively, suspend the proceedings in Case R 2255/2011-4 until a final decision has been made on the applicant’s application of 15 November 2012 for a declaration of invalidity of the other party’s Community trade mark No 006095889 Balkogrün; reference No 000007267 C of the Office for Harmonisation in the Internal Market (Trade Marks and Designs);

—Order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark ‘BALCO’ for goods in Class 19 — Community trade mark application No 9 023 771

Proprietor of the mark or sign cited in the opposition proceedings: Mehlhose Bauelemente für Dachrand + Fassade GmbH & Co. KG

Mark or sign cited in opposition: the word marks ‘Balkogrün’, ‘Balkoplan’ and ‘Balkotop’ for goods in Classes 19, 21 and 27

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009