Action brought on 7 March 2013 - Saferoad RRS v OHIM (MEGARAIL)

(Case T-137/13)

Language of the case: German

Parties

Applicant: Saferoad RRS GmbH (Weroth, Germany) (represented by C. Czychowski, 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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 January 2013 in Case R 2536/2011-4 and the Examiner's decision of 23 November 2011 in so far as the mark was rejected;

Order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: the word mark 'MEGARAIL' for goods and services in Classes 6, 19 and 37

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)(c) of Regulation No 207/2009

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

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