Action brought on 26 September 2012 - Kappa Filter Systems v OHIM (THE FUTURE HAS ZERO EMISSIONS)

(Case T-422/12)

Language of the case: German

Parties

Applicant: Kappa Filter Systems GmbH (Steyr-Gleink, Austria) (represented by C. Hadeyer, 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 the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 July 2012 in Case R 817/2012-4;

order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: the word mark 'THE FUTURE HAS ZERO EMISSIONS' for goods and services in Classes 9, 11 and 37 - Community trade mark application No 010139749

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) of Regulation No 207/2009

____________