Action brought on 21 January 2013 - Mäurer & Wirtz v OHIM - Sacra (4711 Aqua Mirabilis)

(Case T-25/13)

Language in which the application was lodged: German

Parties

Applicant: Mäurer & Wirtz GmbH & Co. KG (Stolberg, Germany) (represented by: T. Schulte-Beckhausen, lawyer)

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

Other party to the proceedings before the Board of Appeal: Sacra Srl (Venice, Italy)

Form of order sought

The applicant claims that the Court should:

annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 November 2012 in Case R 1601/2011-2;

order the defendant to pay the costs of the initial action and of the appeal.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: word mark '4711 Aqua Mirabilis' for goods in Class 3 - Community trade mark application No 8 988 181

Proprietor of the mark or sign cited in the opposition proceedings: Sacra Srl

Mark or sign cited in opposition: word mark 'Aqua Admirabilis' for goods in Class 3

Decision of the Opposition Division: opposition upheld in part

Decision of the Board of Appeal: appeal dismissed

Pleas in law: infringement of Article 8(1)(b) and Article 7(1) and (2) of Regulation No 207/2009

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