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Case T-748/15: Action brought on 21 December 2015 — Gauff v OHIM — H.P. Gauff Ingenieure (Gauff)
ECLI:EU:UNKNOWN:62015TN0748
62015TN0748
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29.2.2016
Official Journal of the European Union
C 78/26
(Case T-748/15)
(2016/C 078/36)
Language in which the application was lodged: German
Parties
Applicant: Gauff GmbH & Co. Engineering KG (Nuremberg, Germany) (represented by: A. Molnar, lawyer)
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 word mark ‘Gauff’ — Community trade mark No 6 192 521
Procedure before OHIM: Proceedings for a declaration of invalidity
Contested decision: Decision of the First Board of Appeal of OHIM of 8 October 2015 in Case R 1350/2014-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—in the alternative, refer the case back to OHIM for further examination of the disputed matters that were, in error, not examined;
—order OHIM to pay the costs, including the costs incurred in the course of the appeal proceedings.
Pleas in law
—Infringement of Articles 53, 56, 57 and 76 of Regulation No 207/2009;
—Infringement of Regulation No 2868/95;
—Breach of the right to be heard;
—Defective statement of reasons.