Action brought on 1 July 2013 – Hawe Hydraulik v OHIM – HaWi Energietechnik (HAWI)

(Case T-347/13)

Language in which the application was lodged: German

Parties

Applicant: Hawe Hydraulik SE (Munich, Germany) (represented by: G. Würtenberger and R. Kunze, lawyers)

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

Other party to the proceedings before the Board of Appeal: HaWi Energietechnik AG (Eggenfelden, Germany)

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 26 April 2013 in Case R 1690/2012-4 relating to Community trade mark application No 6 558 589 ‘HAWI’;

Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: HaWi Energietechnik AG

Community trade mark concerned: the word mark ‘HAWI’ for goods and services in Classes 7, 9, 35, 37 and 42 – Community trade mark application No 6 558 589

Proprietor of the mark or sign cited in the opposition proceedings: the applicant

Mark or sign cited in opposition: the figurative mark including the word element ‘HAWE’ for goods in Classes 7 and 9

Decision of the Opposition Division: the opposition was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law:

Infringement of Article 42(2) in conjunction with Article 78(1)(f) of Regulation No 207/2009;

Infringement of the right to be heard regarding the erroneous assessment of the evidence constituted by the declaration on oath;

Infringement of the right to be heard regarding the erroneous assessment of the evidence constituted by the extracts from the Internet;

Infringement of the right to be heard regarding the assessment of the proof of use in its entirety;

Infringement of the right to be heard regarding the failure to take the proof of use into account;

Infringement of Article 76(2) of Regulation No 207/2009