Action brought on 13 November 2013 – BSH Bosch und Siemens Hausgeräte v OHIM – LG Electronics (compressor technology)

(Case T-595/13)

Language in which the application was lodged: German

Parties

Applicant: BSH Bosch und Siemens Hausgeräte GmbH (Munich, Germany) (represented by: S. Biagosch, lawyer)

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

Other party to the proceedings before the Board of Appeal: LG Electronics, Inc. (Seoul, Korea)

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) (OHIM) of 5 September 2013 (Case R 1176/2012-1);

Order OHIM to bear its own costs and to pay the costs incurred by the applicant.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark ‘compressor technology’ for goods in Classes 7, 9 and 11 – Community trade mark application No 7 420 151

Proprietor of the mark or sign cited in the opposition proceedings: LG Electronics, Inc.

Mark or sign cited in opposition: the word marks ‘KOMPRESSOR PLUS’ and ‘KOMPRESSOR’ for goods in Classes 7 and 11

Decision of the Opposition Division: the opposition was upheld in part

Decision of the Board of Appeal: the appeal was dismissed in part

Pleas in law: Infringement of Article 8(1)(a) and (b) of Regulation (EC) No 207/2009