Action brought on 8 November 2013 – H.P. Gauff Ingenieure v OHIM – Gauff (Gauff JBG Ingenieure)

(Case T-585/13)

Language in which the application was lodged: German

Parties

Applicant: H.P. Gauff Ingenieure GmbH & Co. KG – JBG (Nuremberg, Germany) (represented by: G. Schneider-Rothhaar, lawyer)

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

Other party to the proceedings before the Board of Appeal: Gauff GmbH & Co. Engineering KG (Nuremberg, Germany)

Forms of order sought

The applicant claims that the Court should:

annul the contested decision of the First Board of Appeal of OHIM of 5 September 2013 (Case R 596/2013-1);

refer the case back to OHIM, recommending that it proceed to restitutio in integrum;

order OHIM to pay the costs, including those incurred in the appeal proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark ‘Gauff JBG Ingenieure’ for goods and services in Classes 9, 11, 19, 36, 37, 39, 40, 41 and 42 – Community trade mark application No 9 992 967

Proprietor of the mark or sign cited in the opposition proceedings: Gauff GmbH & Co. Engineering KG

Mark or sign cited in opposition: German word mark and Community word mark ‘Gauff’ and German figurative mark and Community figurative mark ‘GAUFF’ for goods and services in Classes 9, 16, 35, 36, 37, 39, 40, 41, 42 and 44

Decision of the Opposition Division: the opposition was partially upheld

Decision of the Board of Appeal: dismissal of the application for restitutio in integrum and rejection of the appeal as inadmissible.

Pleas in law: infringement of Article 81 of Regulation No 207/2009.