Action brought on 14 November 2013 – Siemag Tecberg Group v OHIM (Winder Controls)

(Case T-593/13)

Language of the case: German

Parties

Applicant: Siemag Tecberg Group GmbH (Haiger, 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 Fourth Board of Appeal of OHIM of 5 September 2013 in Case R 1261/2013-4;

Order OHIM to pay the costs;

Set a date for the hearing.

Pleas in law and main arguments

Community trade mark concerned: the word mark ‘Winder Controls’ for goods and services in Classes 7, 9, 35, 37, 41 and 42 – Community trade mark application No 11 542 412

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 (c) of Regulation (EC) No 207/2009