Action brought on 30 May 2012 - Unister v OHIM (fluege.de)

(Case T-244/12)

Language of the case: German

Parties

Applicant: Unister GmbH (Leipzig, Germany) (represented by H. Hug and A. Kessler-Jensch, lawyers)

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 14 March 2012 in Case R 2149/2011-1;

order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: the word mark 'fluege.de' for goods in Classes 25, 28, 35, 39, 41 and 43

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 No 207/2009

infringement of Article 7(3) of Regulation No 207/2009

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