Action brought on 23 August 2013 – Larrañaga Otaño v OHIM (GRAPHENE)

(Case T-458/13)

Language of the case: Spanish

Parties

Applicants: Joseba Larrañaga Otaño (San Sebastian, Spain) and Mikel Larrañaga Otaño (San Sebastian) (represented by F. Bueno Salamero, lawyer)

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

Forms of order sought

The applicant claims that the General Court should:

Annul the contested decision;

Order OHIM to pay the costs of the proceedings.

Pleas in law and main arguments

Community trade mark applied for: Word mark ‘GRAPHENE’ for goods and services in Classes 13, 23, 25 and 38 – application for Community trade mark No 10 895 258.

Decision of the Examiner: Rejection of the application for registration.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009.