Action brought on 21 November 2013 – Ecolab USA/OHMI (GREASECUTTER)

(Case T-610/13)

Language of the case: English

Parties

Applicant: Ecolab USA (St. Paul, United States) (represented by: G. Hasselblatt and V. Töbelmann, lawyers)

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

Form of order sought

The appellant requests the Court to decide as follows:

The decision of the Second Board of Appeal of the Office for the Harmonization in the Internal Market (Trade Marks and Designs) of 5 September 2013 (Case R 1704/2012-2) is overturned insofar as the EU-designation of International registration no. 1103198 GREASECUTTER is rejected.

The defendant shall bear its own costs as well as the costs of the plaintiff.

Pleas in law and main arguments

Community trade mark concerned: The word mark “GREASECUTTER” for goods in Classes 3 and 5 – International Registration No W 1103198

Decision of the Examiner: Refused protection of the International Registration designating the European Union

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 207/2009.