Action brought on 13 September 2013 – Schmidt Spiele v OHIM (Representation of a games board)
(Case T-493/13)
Language of the case: German
Parties
Applicant: Schmidt Spiele GmbH (Berlin, Germany) (represented by T. Sommer, 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 OHIM of 3 July 2013 in Case R 1768/2012-1;
Order OHIM to pay the costs;
Set a date for the oral procedure.
Pleas in law and main arguments
Community trade mark concerned: the figurative mark including the representation of a games board for goods and services in Classes 9, 16, 28 and 41 – Community trade mark application No 10 592 095
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) and (3) of Regulation (EC) No 207/2009