Action brought on 8 December 2012 - Still v OHIM (Truck Data Services)

(Case T-535/12)

Language of the case: German

Parties

Applicant: Still GmbH (Hamburg, Germany) (represented by S. Waller, 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 10 September 2012 in Case R 4/2012-1;

Order the defendant to pay the costs;

Join the case under Article 50(1) of the Rules of Procedure of the General Court with the action brought in parallel against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Case R 130/2012-1, also of 10 September 2012, regarding the Community trade mark application 'Fleet Data Services', application No 009931387.

Pleas in law and main arguments

Community trade mark concerned: the figurative mark including the word elements 'Truck Data Services' for goods and services in Classes 9, 12, 35, 36, 37 and 39 - Community trade mark application No 9 931 429

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)(c) of Regulation No 207/2009

Infringement of Article 7(1)(b) of Regulation No 207/2009

Infringement of the second sentence of Article [75] of Regulation No 207/2009

____________