29.2.2016
EN
Official Journal of the European Union
C 78/26
Action brought on 21 December 2015 — Gauff v OHIM — H.P. Gauff Ingenieure (Gauff)
(Case T-748/15)
(2016/C 078/36)
Language in which the application was lodged: German
Parties
Applicant: Gauff GmbH & Co. Engineering KG (Nuremberg, Germany) (represented by: A. Molnar, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: H.P. Gauff Ingenieure GmbH & Co. KG — JBG (Frankfurt am Main, Germany)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Community word mark ‘Gauff’ — Community trade mark No 6 192 521
Procedure before OHIM: Proceedings for a declaration of invalidity
Contested decision: Decision of the First Board of Appeal of OHIM of 8 October 2015 in Case R 1350/2014-1
Form of order sought
The applicant claims that the Court should:
—
annul the contested decision;
—
in the alternative, refer the case back to OHIM for further examination of the disputed matters that were, in error, not examined;
—
order OHIM to pay the costs, including the costs incurred in the course of the appeal proceedings.
Pleas in law
—
Infringement of Articles 53, 56, 57 and 76 of Regulation No 207/2009;
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Infringement of Regulation No 2868/95;
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Breach of the right to be heard;
—
Defective statement of reasons.
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