Action brought on 12 February 2013 - FTI Touristik v OHIM (BigXtra)

(Case T-81/13)

Language of the case: German

Parties

Applicant: FTI Touristik GmbH (Munich, Germany) (represented by A. Parr, 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 29 November 2012 in Case R 2521/12011-1;

Order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: the word mark 'BigXtra' for goods and services in Classes 16, 35, 39, 41, 42 and 43 - Community trade mark application No 9 925 868

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) of Regulation No 207/2009

____________