Judgment of the General Court of 16 June 2015 — H. P. Gauff Ingenieure v OHIM (Gauff JBG Ingenieure)
(Case T-585/13) 1
(Community trade mark — Opposition proceedings — Application for Community figurative mark Gauff JBG Ingenieure — Earlier national and Community word and figurative marks GAUFF — Relative grounds for refusal — Partial refusal to register — Application for restitutio in integrum — Article 81 of Regulation (EC) No 207/2009)
Language of the case: 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) (represented by: A. Schifko, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Gauff GmbH & Co. Engineering KG (Nuremberg, Germany) (represented by: A. Molnar, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 5 September 2013 (Case R 596/2013-1) relating to an application for restitutio in integrum.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders H.P. Gauff Ingenieure GmbH & Co. KG — JBG to bear its own costs as well as those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);
3. Orders Gauff GmbH & Co. Engineering KG to bear its own costs.
____________1 OJ C 24, 25.1.2014.