Action brought on 9 December 2013 – Enercon v OHIM (Shades of the colour green)

(Case T-655/13)

Language of the case: German

Parties

Applicant: Enercon GmbH (Aurich, Germany) (represented by R. Böhm, 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 11 September 2013 in Case R 0247/2013-1;

Order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: the figurative mark representing shades of the colour green for goods in Classes 7, 16 and 28 – Community trade mark application No 11 055 811

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) of Regulation (EC) No 207/2009