Action brought on 6 May 2013 – Orthogen v OHIM – Arthrex Medizinische Instrumente (IRAP)

(Case T-253/13)

Language in which the application was lodged: German

Parties

Applicant: Orthogen AG (Düsseldorf, Germany) (represented by: M. Finger and S. Krüger, lawyers)

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

Other party to the proceedings before the Board of Appeal: Arthrex Medizinische Instrumente GmbH (Karlsfeld, Germany)

Form of order sought

The applicant claims that the General 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 21 February 2013 in Case R 382/2012-1;

order OHIM to pay the costs of the proceedings, including those incurred before the Board of Appeal.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark ‘IRAP’ for goods and services in Classes 1, 5, 10, 42 and 44 – Community trade mark No 3 609 121

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: Arthrex Medizinische Instrumente GmbH

Grounds for the application for a declaration of invalidity: Absolute ground for invalidity; ‘IRAP’ is a commonly used abbreviation for a certain protein which plays a significant role in certain medical and veterinary treatments.

Decision of the Cancellation Division: Application for a declaration of invalidity granted

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 52(1)(a) of Regulation No 207/2009 and of Article 7(1)(b) of Regulation No 207/2009.