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Case T-13/16: Action brought on 15 January 2016 — Gauff v OHIM — H.P. Gauff Ingenieure (GAUFF)
ECLI:EU:UNKNOWN:62016TN0013
62016TN0013
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7.3.2016
Official Journal of the European Union
C 90/23
(Case T-13/16)
(2016/C 090/31)
Language in which the application was lodged: German
Parties
Applicant: Gauff GmbH & Co. Engineering KG (Nuremberg, Germany) (represented by: A. Molnar)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: H.P. Gauff Ingenieure GmbH & Co. KG — JBG (Frankfurt am Main, Germany)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Community figurative mark containing the word element ‘Gauff’ — Community mark No 6 327 977
Procedure before OHIM: Invalidity proceedings
Contested decision: Decision of the First Board of Appeal of OHIM of 12 November 2015 in Case R 549/2015-1
Form of order
The applicant claims that the Court should:
—annul the contested decision; or
—in the alternative, send the case back to OHIM for further examination of the disputed matters that were, in error, not examined;
—order OHIM to pay the costs of the proceedings including those incurred in the proceedings before the Board of Appeal.
Plea in law
—Infringement of Articles 53, 56, 57, 76 of Regulation No 207/2009 and infringement of Regulation No 2868/95 as well as infringement of the right to be heard and failure to state reasons.