Action brought on 4 February 2013 - Efag Trade Mark Company v OHIM (FICKEN)

(Case T-52/13)

Language of the case: German

Parties

Applicant: Efag Trade Mark Company GmbH & Co. KG (Schemmerhofen, Germany) (represented by M. Wekwerth, 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 First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 October 2012 in Case R 493/2012-1;

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 'FICKEN' for goods and services in Classes 25, 32, 33 and 43 - Community trade mark application No 9 274 366

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)(f) and Article 7(2) of Regulation No 207/2009

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