Action brought on 1 March 2013 - Lardini v OHIM (Representation of a flower)

(Case T-131/13)

Language of the case: Italian

Parties

Applicant: Lardini Srl (Filottrano, Italy) (represented by: P. Roncaglia, G. Lazzeretti, F. Rossi and N. Parrotta, lawyers)

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

Form of order sought

The applicant claims that the Court should:

annul the decision of the First Board of Appeal of OHIM of 13 December 2012 in Case R 2578/2011-1; and

order OHIM to pay the costs of the proceedings in their entirety, including the costs incurred during the appeal procedure in Case R 2578/2011-1

Pleas in law and main arguments

Community trade mark concerned: Position mark in the form of a flower for goods in Class 25

Decision of the Examiner: Application refused

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009

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