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Case T-459/13: Action brought on 23 August 2013 — Larrañaga Otaño v OHIM (GRAPHENE)
ECLI:EU:UNKNOWN:62013TN0459
62013TN0459
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26.10.2013
Official Journal of the European Union
C 313/32
(Case T-459/13)
2013/C 313/61
Language of the case: Spanish
Parties
Applicants: Joseba Larrañaga Otaño (San Sebastian, Spain) and Mikel Larrañaga Otaño (San Sebastian) (represented by F. Bueno Salamero, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Forms of order sought
The applicant claims that the General Court should:
—Annul the contested decision;
—Order OHIM to pay the costs of the proceedings.
Pleas in law and main arguments
Community trade mark applied for: Word mark ‘GRAPHENE’ for goods and services in Classes 2, 6, 10 and 22 — application for Community trade mark No 10 892 446.
Decision of the Examiner: Rejection of the application for registration.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009.