Action brought on 13 August 2013 – Richter + Frenzel GmbH v OHIM – Richter (Richter+Frenzel)

(Case T-418/13)

Language in which the application was lodged: German

Parties

Applicant: Richter + Frenzel GmbH + Co. KG (Würzburg, Germany) (represented by: D. Altenburg, lawyer)

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

Other party to the proceedings before the Board of Appeal:Ferdinand Richter GmbH (Pasching, Austria)

Form of order sought

The applicant claims that the Court should:

Annul the contested decision of the Fourth Board of Appeal of OHIM of 12 March 2013 (R 2001/2011-4);

Order the defendant to pay the costs including the costs incurred in the course of the appeal proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark ‘Richter+Frenzel’ for goods and services in Classes 1, 6, 7, 8, 9, 11, 16, 17, 19, 20, 24, 25, 35, 37, 39, 41 and 42 Community trade mark application No 8 545 998

Proprietor of the mark or sign cited in the opposition proceedings: Ferdinand Richter GmbH

Mark or sign cited in opposition: the word mark ‘RICHTER’, the figurative mark ‘RICHTER edition’ and the non-registered mark ‘Richter’ used in the course of trade in Austria

Decision of the Opposition Division: the opposition was upheld in part

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009