Action brought on 6 December 2013 – Gako Konietzko v OHIM (Shape of packaging)
(Case T-654/13)
Language of the case: German
Parties
Applicant: Gako Konietzko GmbH (Bamberg, Germany) (represented by S. Reinhardt, 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 19 September 2013 in Case R 2232/2012-1;
Order the defendant 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: the three-dimensional mark, representing the shape of packaging, for goods in Classes 3, 5 and 10 – Community trade mark application No 10 899 037
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