Action brought on 23 August 2013 – Larrañaga Otaño v OHIM (GRAPHENE)
(Case T-458/13)
Language of the case: Spanish
Parties
Applicants: Joseba Larrañaga Otaño (San Sebastian, Spain) and Mikel Larrañaga Otaño (San Sebastian) (represented by F. Bueno Salamero, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Forms of order sought
The applicant claims that the General Court should:
Annul the contested decision;
Order OHIM to pay the costs of the proceedings.
Pleas in law and main arguments
Community trade mark applied for: Word mark ‘GRAPHENE’ for goods and services in Classes 13, 23, 25 and 38 – application for Community trade mark No 10 895 258.
Decision of the Examiner: Rejection of the application for registration.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009.