Action brought on 22 October 2013 – Verband der Kölnisch-Wasser Hersteller, Köln v OHIM (Original Eau de Cologne)
(Case T-556/13)
Language in which the application was lodged: German
Parties
Applicant: Verband der Kölnisch-Wasser Hersteller, Köln eV (Cologne, Germany) (represented by: T. Schulte-Beckhausen, 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 21 August 2013 (Case R 2064/2012-4);
Order the defendant to pay the costs including those incurred in the appeal proceedings.
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘Original Eau de Cologne’ for goods in Class 3 – Community trade mark application No 10 787 794
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), (c) and (d) of Regulation (EC) No 207/2009