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