Action brought on 17 June 2014 — Warimex v OHIM (STONE)
(Case T-454/14)
Language of the case: German
Parties
Applicant: Warimex Waren-Import-Export Handels GmbH (Neuried, Germany) (represented by E. Keller and J. Voogd, lawyers)
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 First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 March 2014 in Case R 1599/2013-1;
Order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the figurative mark including the word element ‘STONE’ for goods and services in Classes 1, 3, 7, 8, 9, 11, 12, 16, 21, 24 and 25 — Community trade mark application No 11 464 005
Decision of the Examiner: the application was rejected
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law:
Infringement of Articles 75 and 76 of Regulation No 207/2009;
Infringement of Article 7(1)(c) of Regulation No 207/2009;
Infringement of Article 7(1)(b) of Regulation No 207/2009