Action brought on 13 February 2013 - Walcher Meßtechnik v OHIM (HIPERDRIVE)

(Case T-95/13)

Language of the case: German

Parties

Applicant: Walcher Meßtechnik GmbH (Kirchzarten, Germany) (represented by S. Walter, 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 13 December 2012 in Case R 1779/2012-1;

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 'HIPERDRIVE' for goods in Classes 7 and 9

Decision of the Examiner: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed in part

Pleas in law:

Infringement of Article 7(1)(c) of Regulation No 207/2009

Infringement of Article 7(1)(b) of Regulation No 207/2009

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