Action brought on 20 January 2014 – Demp v OHIM (TURBO DRILL)

(Case T-50/14)

Language of the case: German

Parties

Applicant: Demp BV (Vianen, Netherlands) (represented by C. Gehweiler, 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 Fourth Board of Appeal of 22 November 2013 in Case R 1254/2013-4 in respect of the goods in Class 6 (building material made of metal, ironmongery, small items of metal hardware, fastening material, assembly material, screws, parts and accessories for all of the abovementioned goods, all of the abovementioned goods made of metal); the goods in Class 19 (building material, fastening material, assembly material, screws, parts and accessories for all of the abovementioned goods, all of the abovementioned goods not made of metal) and the goods in Class 20 (fastening material, assembly material, screws);

Order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: the word mark ‘TURBO DRILL’ for goods in Classes 6, 7, 8, 19 and 20 – Community trade mark application No 11 695 145 

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) and (c) of Regulation (EC) No 207/2009