Action brought on 17 July 2013 – ultra air GmbH v OHIM – Donaldson Filtration Deutschland (ultra.air ultrafilter)

(Case T-377/13)

Language in which the application was lodged: German

Parties

Applicant: ultra air GmbH (Hilden, Germany) (represented by: C. König, Rechtsanwalt)

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

Other party to the proceedings before the Board of Appeal: Donaldson Filtration Deutschland GmbH

Form of order sought

The Applicant claims that the Court should:

Set aside the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 May 2013 in Case R 1100/2011-4;

Order OHIM, and Donaldson Filtration Deutschland GmbH should it participate in the proceedings, to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark ‘ultra.air ultrafilter’ for goods and services in Classes 7, 9, 11, 37 and 42 – Community trade mark No 7 480 585

Proprietor of the Community trade mark: Applicant

Applicant for the declaration of invalidity of the Community trade mark: Donaldson Filtration Deutschland GmbH

Grounds for the application for a declaration of invalidity: Absolute ground of invalidity under Article 52(1)(a) of Regulation No 207/2009

Decision of the Cancellation Division: Application for declaration of invalidity dismissed

Decision of the Board of Appeal: Appeal allowed; Community trade mark declared invalid

Pleas in law:

Infringement of Article 7(1)(c) of Regulation No 207/2009;

Infringement of Article 7(1)(b) of Regulation No 207/2009;

Infringement of Article 75(2) of Regulation No 207/2009;

Infringement of Article 75(1) of Regulation No 207/2009