Action brought on 26 August 2013 –Klaes v OHIM – Klaes Kunststoffe (Klaes)

(Case T-453/13)

Language in which the application was lodged: German

Parties

Applicant: Horst Klaes GmbH & Co. KG (Bad Neuenahr-Ahrweiler, Germany) (represented by: B. Dix, lawyer)

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

Other party to the proceedings before the Board of Appeal: Klaes Kunststoffe GmbH (Neuenrade, Germany)

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 of 6 June 2013 (Case R 1206/2012-1) and reject the opposition against the applicant’s Community trade mark application (No 9545096).

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark ‘Klaes’ for goods in Class 42 – Community trade mark application No 9 545 096

Proprietor of the mark or sign cited in the opposition proceedings: Klaes Kunststoffe GmbH

Mark or sign cited in opposition: the figurative mark in blue ‘Klaes’ for services in Class 42

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

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