Action brought on 8 November 2013 – H.P. Gauff Ingenieure v OHIM – Gauff (Gauff THE ENGINEERS WITH THE BROADER VIEW)

(Case T -586/13)

Language in which the application was lodged: German

Parties

Applicant: H.P. Gauff Ingenieure GmbH & Co. KG - JBG (Nuremberg, Germany) (represented by: G. Schneider-Rothhaar, lawyer)

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

Other party to the proceedings before the Board of Appeal: Gauff GmbH & Co. Engineering KG (Nuremberg, Germany)

Form of order sought

The applicant claims that the Court should:

annul the contested decision taken by the First Board of Appeal of OHIM of 5 September 2013 (Appeal Case R 118/2003-1);

refer the case back to OHIM with the recommendation to restore it to its previous state;

order OHIM to pay the costs including those of the proceedings before the Board of Appeal.

Pleas in law and main arguments

Applicant for a Community trade mark: H.P. Gauff Ingenieure GmbH & Co. KG - JBG

Community trade mark concerned: the figurative mark “THE ENGINEERS WITH THE BROADER VIEW” for goods and services in Classes 11, 19, 36, 37, 39, 40, 41 and 42 – application for Community trade mark No 10 028 082

Proprietor of the mark or sign cited in the opposition proceedings: Gauff GmbH & Co. Engineering KG

Mark or sign cited in opposition: the German word sign and the Community word sign “Gauff” and the German figurative mark and the Community figurative mark “GAUFF” for goods and services in Classes 9, 16, 35, 36, 37, 39, 40, 41, 42 and 44

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

Decision of the Board of Appeal: rejection of the application for restoring the case to its previous state and rejection of the action as being inadmissible

Pleas in law: infringement of Article 81 of Regulation No 207/2009