Action brought on 4 April 2013 – Murnauer Markenvertrieb v OHIM – Healing Herbs (NOTFALL)

(Case T-188/13)

Language in which the application was lodged: German

Parties

Applicant: Murnauer Markenvertrieb GmbH (Trebur, Germany) (represented by: F. Traub and H. Daniel, lawyers)

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

Other party to the proceedings before the Board of Appeal: Healing Herbs Ltd (Walkerstone, United Kingdom)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 February 2013 in Case R 132/2012-4;

Order the defendant to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘NOTFALL’ for goods in Classes 3, 5 and 30 – Community trade mark No 9 089 681

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity of the Community trade mark: Healing Herbs Ltd

Grounds for the application for a declaration of invalidity: Article 52(1)(a) of Regulation No 207/2009 in conjunction with Article 7(1)(b) and (c) and Article 7(2) of Regulation No 207/2009

Decision of the Cancellation Division: the application was upheld in part

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law:

Infringement of Article 83 of Regulation No 207/2009 in conjunction with the general principle of equal treatment

Infringement of Article 7(1)(c) of Regulation No 207/2009

Infringement of Article 7(1)(b) of Regulation No 207/2009