Action brought on 22 January 2013 - Exakt Advanced Technologies v OHIM - Exakt Precision Tools (EXAKT)

(Case T-37/13)

Language in which the application was lodged: German

Parties

Applicant: Exakt Advanced Technologies GmbH (Norderstedt, Germany) (represented by: A. von Bismarck, lawyer)

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

Other party to the proceedings before the Board of Appeal: Exakt Precision Tools Ltd (Aberdeen, United Kingdom)

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 29 October 2012 in Case R 1764/2011-1;

Order the intervener to pay the costs including those incurred in the course of the appeal proceedings.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: the figurative mark including the word element 'EXAKT' for goods and services in Classes 7, 9 and 37 - Community trade mark No 3 996 592

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity of the Community trade mark: Exakt Precision Tools Ltd

Grounds for the application for a declaration of invalidity: the figurative mark including the word element 'EXAKT' for goods in Classes 7, 8 and 9

Decision of the Cancellation Division: the application was upheld

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009

____________