Action brought on 15 April 2013 - Saf-Holland v OHIM (INTEGRAL)

(Case T-217/13)

Language of the case: German

Parties

Applicant: Saf-Holland GmbH (Bessenbach, Germany) (represented by M.-C. Seiler, 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 First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 31 January 2013 in Case R 2087/2011-1;

Amend the contested decision in such a way that the preceding refusal decision of OHIM of 14 September 2011 is annulled;

In the alternative, amend the contested decision in such a way that the registration procedure is continued;

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

Pleas in law and main arguments

Community trade mark concerned: the word mark INTEGRAL for goods and services in Classes 9, 12, 35 and 37 - Community trade mark application No 9 508 466

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 No 207/2009

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