Action brought on 4 January 2012 - BSH Bosch und Siemens Hausgeräte v OHIM (Wash & Coffee)

(Case T-5/12)

Language of the case: German

Parties

Applicant: BSH Bosch und Siemens Hausgeräte GmbH (Munich, Germany) (represented by S. Biagosch, lawyer)

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

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) (OHIM) of 7 November 2011 in Case R 992/2011-4 and the decision of the Office for Harmonisation in the Internal Market (Trade Marks Department) of 11 March 2011 relating to Community trade mark application CTM 9094459 in so far as the application was rejected;

Order OHIM to bear its own costs and to pay those incurred by the applicant.

Pleas in law and main arguments

Community trade mark concerned: the word mark 'Wash & Coffee' for goods and services in Classes 25, 37 and 43

Decision of the Examiner: rejection of the application

Decision of the Board of Appeal: partial dismissal of the appeal

Pleas in law: Infringement of Article 76(1) of Regulation No 207/2009 as OHIM failed to examine the facts on which it based its decision in the manner required and infringement of Article 7(1)(b) of Regulation No 207/2009 as the mark applied for is distinctive

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