Action brought on 16 May 2013 – Brainlab v OHIM (Curve)

(Case T-266/13)

Language of the case: German

Parties

Applicant: Brainlab AG (Feldkirchen, Germany) (represented by J. Bauer, 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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 March 2013 in Case R 2073/2012-4 and the decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 September 2012 in registration procedure No 008608473;

Order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: the word mark ‘Curve’ for goods and services in Classes 9, 10, 35, 38, 41, 42, 44 and 45 – Community trade mark application No 8 608 473

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)(f) of Regulation No 207/2009