Action brought on 4 February 2013 - Langguth Erben v OHIM (Representation of a bottle)

(Case T-66/13)

Language of the case: German

Parties

Applicant: Franz Wilhelm Langguth Erben GmbH & Co. KG (Traben-Trarbach, Germany) (represented by R. Kunze and G. Würtenberger, lawyers)

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 22 November 2012 in Case R 129/2012-1;

Order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: the figurative mark, representing a bottle, for goods in Class 33 - Community trade mark application No 10 005 866

Decision of the Examiner: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Articles 7(1)(b), 7(2), 75, 76(1) and 77 of Regulation No 207/2009

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