Action brought on 4 October 2013 – Roeckl Sporthandschuhe v OHIM – Roeckl Handschuhe & Accessoires (representation of a hand)

(Case T-537/13)

Language in which the application was lodged: German

Parties

Applicant: Roeckl Sporthandschuhe GmbH & Co. KG (Munich, Germany) (represented by: O. Baumann, lawyer)

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

Other party to the proceedings before the Board of Appeal: Roeckl Handschuhe & Accessoires GmbH & Co. KG (Munich, Germany)

Form of order sought

Annul the contested decision of the Fourth Board of Appeal of OHIM of 22 July 2013 in so far as it upheld the intervener’s complaint in part and refused registration of a Community trade mark in respect of goods in Class 18 (leather and imitations of leather, and goods made of these materials, in particular purses, pocket wallets, key cases, included in class 18) and in Class 25 (clothing, in particular gloves, included in class 25);

order the intervener to pay the applicant’s costs, including the costs of the opposition and appeal proceedings, and order the defendant (OHIM) to bear its own costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Roeckl Sporthandschuhe GmbH & Co. KG

Community trade mark concerned: Figurative mark, representing a hand, for goods in Classes 18, 25 and 28 ‒ Community trade mark No 6 961 965

Proprietor of the mark or sign cited in the opposition proceedings: Roeckl Handschuhe & Accessoires GmbH & Co. KG

Mark or sign cited in opposition: Community figurative mark and German figurative mark ‘Roeckl’, containing the representation of a hand, for goods in Classes 18 and 25

Decision of the Opposition Division: Opposition dismissed

Decision of the Board of Appeal: Decision of the Opposition Division annulled in part

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