Action brought on 8 October 2012 - Koscher + Würtz v OHIM - Kirchner & Wilhelm (KW SURGICAL INSTRUMENTS)

(Case T-445/12)

Language in which the application was lodged: German

Parties

Applicant: Koscher + Würtz GmbH (Spaichingen, Germany) (represented by: P. Mes, C. Graf von der Groeben, G. Rother, J. Bühling, A. Verhauwen, J. Künzel, D. Jestaedt, M. Bergermann, J. Vogtmeier and A. Kramer, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Kirchner & Wilhelm GmbH + Co (Asperg, Germany)

Form of order sought

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 August 2012 in Case R 1675/2011-4;

order the defendant to pay the costs of the proceedings, including the costs incurred in the appeal proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Koscher + Würtz GmbH

Community trade mark concerned: International registration with protection in respect of the European Union of a figurative mark containing the word element 'KW SURGICAL ELEMENTS' for goods in Class 10 - International registration with protection in respect of the European Union No W 968 722

Proprietor of the mark or sign cited in the opposition proceedings: Kirchner & Wilhelm GmbH + Co

Mark or sign cited in opposition: National word mark 'Ka We' for goods in Class 10

Decision of the Opposition Division: Opposition refused

Decision of the Board of Appeal: Appeal allowed and protection denied in respect of the trade mark registration

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009

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