25.1.2014
EN
Official Journal of the European Union
C 24/33
Action brought on 21 November 2013 — Ecolab USA/OHMI (GREASECUTTER)
(Case T-610/13)
2014/C 24/62
Language of the case: English
Parties
Applicant: Ecolab USA (St. Paul, United States) (represented by: G. Hasselblatt and V. Töbelmann, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The appellant requests the Court to decide as follows:
—
The decision of the Second Board of Appeal of the Office for the Harmonization in the Internal Market (Trade Marks and Designs) of 5 September 2013 (Case R 1704/2012-2) is overturned insofar as the EU-designation of International registration no. 1103198 GREASECUTTER is rejected.
—
The defendant shall bear its own costs as well as the costs of the plaintiff.
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘GREASECUTTER’ for goods in Classes 3 and 5 — International Registration No W 1103198
Decision of the Examiner: Refused protection of the International Registration designating the European Union
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 7(1)(b) and (c) of Council Regulation No 207/2009.
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