Action brought on 21 December 2012 - bachmeier v OHIM (oto-soft)

(Case T-550/12)

Language of the case: German

Parties

Applicant: bachmeier GmbH & Co. KG (Ramsau b. Berchtesgaden, Germany) (represented by D. Donath, lawyer)

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

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 (Trade Marks and Designs) of 18 October 2012 in Case R 1784/2011-1;

order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Community trade mark concerned: word mark 'oto-soft' for goods and services in Classes 1, 7, 8, 10, 41 and 44 - Community trade mark application No 9 836 081

Decision of the Examiner: rejection of the application for registration

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: infringement of Article 7(1)(b) of Regulation No 207/2009

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