Action brought on 22 October 2013 – Verband der Kölnisch-Wasser Hersteller, Köln v OHIM (Original Eau de Cologne)

(Case T-556/13)

Language in which the application was lodged: German

Parties

Applicant: Verband der Kölnisch-Wasser Hersteller, Köln eV (Cologne, Germany) (represented by: T. Schulte-Beckhausen, 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 OHIM of 21 August 2013 (Case R 2064/2012-4);

Order the defendant to pay the costs including those incurred in the appeal proceedings.

Pleas in law and main arguments

Community trade mark concerned: the word mark ‘Original Eau de Cologne’ for goods in Class 3 – Community trade mark application No 10 787 794

Decision of the Examiner: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 7(1)(b), (c) and (d) of Regulation (EC) No 207/2009