Action brought on 28 December 2012 - Pyrox v OHIM - Köb Holzheizsysteme (PYROX)

(Case T-575/12)

Language in which the application was lodged: German

Parties

Applicant: Pyrox GmbH (Oberhausen, Germany) (represented by: T. Eigen, lawyer)

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

Other party to the proceedings before the Board of Appeal: Köb Holzheizsysteme GmbH (Wolfurt/Vorarlberg, Austria)

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 4 October 2012 in joined Cases R 2187/2011-1 and R 2507/2011-1;

Order the defendant to pay the costs including those incurred in the proceedings before OHIM.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark which includes the word element 'PYROX', for goods in Classes 4, 7 and 11 - Community trade mark application No 8 612 781

Proprietor of the mark or sign cited in the opposition proceedings: Köb Holzheizsysteme GmbH

Mark or sign cited in opposition: the national word mark 'PYROT' for goods in Class 11

Decision of the Opposition Division: the opposition was upheld in part

Decision of the Board of Appeal: the contested decision was annulled in part and the application was rejected in its entirety

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

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