Action brought on 13 September 2013 – Schmidt Spiele v OHIM (Representation of a games board)

(Case T-492/13)

Language of the case: German

Parties

Applicant: Schmidt Spiele GmbH (Berlin, Germany) (represented by T. Sommer, 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 OHIM of 3 July 2013 in Case R 1767/2012-1;

Order OHIM to pay the costs;

Set a date for the oral procedure.

Pleas in law and main arguments

Community trade mark concerned: the figurative mark including the representation of a games board for goods and services in Classes 9, 16, 28 and 41 – Community trade mark application No 10 592 103

Decision of the Examiner: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 7(1)(b) and (3) of Regulation (EC) No 207/2009