Action brought on 19 February 2013 - Ludwig Schokolade v OHIM - Immergut (TrinkFix)

(Case T-105/13)

Language in which the application was lodged: German

Parties

Applicant: Ludwig Schokolade GmbH & Co. KG (Bergisch Gladbach, Germany) (represented by: S. Fischer and A. Brodkorb, lawyers)

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

Other party to the proceedings before the Board of Appeal: Immergut GmbH & Co. KG (Elsdorf, Germany)

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 13 December 2012 in Case R 34/2012-1;

order OHIM to pay the costs of the proceedings, including those incurred during the appeal proceedings before it.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: Word mark 'TrinkFix' for goods in Classes 29, 30 and 32 - Community trade mark application No 9 045 634

Proprietor of the mark or sign cited in the opposition proceedings: Immergut GmbH & Co. KG

Mark or sign cited in opposition: National and Community word mark 'Drinkfit' for goods in Classes 29 and 32

Decision of the Opposition Division: opposition upheld in part

Decision of the Board of Appeal: appeal dismissed

Pleas in law: infringement of Article 42(2) and (3) of Regulation No 207/2009 and of Article 8(1)(b) of Regulation No 207/2009.

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