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Case T-453/13: Action brought on 26 August 2013 — Klaes v OHIM — Klaes Kunststoffe (Klaes)
ECLI:EU:UNKNOWN:62013TN0453
62013TN0453
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EN
Official Journal of the European Union
C 313/31
(Case T-453/13)
2013/C 313/59
Language in which the application was lodged: German
Parties
Applicant: Horst Klaes GmbH & Co. KG (Bad Neuenahr-Ahrweiler, Germany) (represented by: B. Dix, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Klaes Kunststoffe GmbH (Neuenrade, Germany)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 6 June 2013 (Case R 1206/2012-1) and reject the opposition against the applicant’s Community trade mark application (No 9545096).
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the word mark ‘Klaes’ for goods in Class 42 — Community trade mark application No 9 545 096
Proprietor of the mark or sign cited in the opposition proceedings: Klaes Kunststoffe GmbH
Mark or sign cited in opposition: the figurative mark in blue ‘Klaes’ for services in Class 42
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) of Regulation (EC) No 207/2009