Action brought on 14 November 2013 – Siemag Tecberg Group v OHIM (Winder Controls)
(Case T-593/13)
Language of the case: German
Parties
Applicant: Siemag Tecberg Group GmbH (Haiger, 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 Fourth Board of Appeal of OHIM of 5 September 2013 in Case R 1261/2013-4;
Order OHIM to pay the costs;
Set a date for the hearing.
Pleas in law and main arguments
Community trade mark concerned: the word mark ‘Winder Controls’ for goods and services in Classes 7, 9, 35, 37, 41 and 42 – Community trade mark application No 11 542 412
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 (c) of Regulation (EC) No 207/2009