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Case T-610/13: Action brought on 21 November 2013 — Ecolab USA/OHMI (GREASECUTTER)
ECLI:EU:UNKNOWN:62013TN0610
62013TN0610
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25.1.2014
EN
Official Journal of the European Union
C 24/33
(Case T-610/13)
2014/C 24/62
Language of the case: English
Parties
Applicant: Ecolab USA (St. Paul, United States) (represented by: G. Hasselblatt and V. Töbelmann, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The appellant requests the Court to decide as follows:
—The decision of the Second Board of Appeal of the Office for the Harmonization in the Internal Market (Trade Marks and Designs) of 5 September 2013 (Case R 1704/2012-2) is overturned insofar as the EU-designation of International registration no. 1103198 GREASECUTTER is rejected.
—The defendant shall bear its own costs as well as the costs of the plaintiff.
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘GREASECUTTER’ for goods in Classes 3 and 5 — International Registration No W 1103198
Decision of the Examiner: Refused protection of the International Registration designating the European Union
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 207/2009.