Action brought on 27 July 2012 - Sartorius Weighing Technology v OHIM (Representation of a yellow curve)

(Case T-331/12)

Language of the case: German

Parties

Applicant: Sartorius Weighing Technology GmbH (Göttingen, Germany) (represented by K. Welkerling, 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 3 May 2012 in Case R 1783/2011-1;

order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs, including the costs incurred in the course of the appeal proceedings.

Pleas in law and main arguments

Community trade mark concerned: other mark, which represents a yellow curve at the bottom edge of an electronic display unit, for goods in Classes 7, 9, 10 and 11

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) of Regulation (EC) No 207/2009

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