Action brought on 23 September 2013 – Braun Melsungen v OHIM (SafeSet)

(Case T-513/13)

Language of the case: German

Parties

Applicant: B. Braun Melsungen AG (Melsungen, Germany) (represented by M.-C. Seiler, 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 contested decision of the First Board of Appeal of OHIM of 27 June 2013;

Alter the contested decision of the First Board of Appeal of OHIM of 27 June 2013 so that the preceding rejection decision of OHIM of 25 June 2012 is annulled;

Alter the contested decision of the First Board of Appeal of OHIM of 27 June 2013 so that the registration procedure is continued;

Order OHIM to pay the costs, including those incurred in the course of the appeal proceedings.

Pleas in law and main arguments

Community trade mark concerned: the word mark ‘SafeSet’ for goods in Class 10 – Community trade mark application No 1 0549 368

Decision of the Examiner: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Articles 7(1)(b) and (c), 7(2), 75 and 76 of Regulation (EC) No 207/2009