7.3.2016
EN
Official Journal of the European Union
C 90/23
Action brought on 15 January 2016 — Gauff v OHIM — H.P. Gauff Ingenieure (GAUFF)
(Case T-13/16)
(2016/C 090/31)
Language in which the application was lodged: German
Parties
Applicant: Gauff GmbH & Co. Engineering KG (Nuremberg, Germany) (represented by: A. Molnar)
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 figurative mark containing the word element ‘Gauff’ — Community mark No 6 327 977
Procedure before OHIM: Invalidity proceedings
Contested decision: Decision of the First Board of Appeal of OHIM of 12 November 2015 in Case R 549/2015-1
Form of order
The applicant claims that the Court should:
—
annul the contested decision; or
in the alternative, send the case back to OHIM for further examination of the disputed matters that were, in error, not examined;
—
order OHIM to pay the costs of the proceedings including those incurred in the proceedings before the Board of Appeal.
Plea in law
—
Infringement of Articles 53, 56, 57, 76 of Regulation No 207/2009 and infringement of Regulation No 2868/95 as well as infringement of the right to be heard and failure to state reasons.
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