Judgment of the General Court (Fifth Chamber) of 17 January 2013 — Reber v OHIM — Wedl & Hofmann (Walzer Traum)
(Case T‑355/09)
Community trade mark — Opposition proceedings — Application for figurative Community mark Walzer Traum — Earlier national word mark Walzertraum — Lack of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Equal treatment
1. Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Interpretation having regard to the rationale of Article 42(2) and (3) of Regulation No 207/2009 (Council Regulation No 207/2009, Art. 42(2) and (3)) (see para. 25)
2. Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Criteria for assessment (Council Regulation No 207/2009, Art. 42(2) and (3)) (see paras 26-28, 38-40, 57, 59, 60)
3. Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Criteria for assessment — Requirement of solid and objective evidence (Council Regulation No 207/2009, Art. 42(2) and (3)) (see para. 29)
4. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice (see para. 50)
5. Community trade mark — Definition and acquisition of the Community trade mark — Assessment of the registrability of a sign — Account to be taken only of Community legislation — Prior registration of the trade mark in certain Member States — Decisions not binding Community bodies (Council Regulation No 207/2009) (see para. 52)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 9 July 2009 (Case R 623/2008-4) relating to opposition proceedings between Reber Holding GmbH & Co. KG and Wedl & Hofmann GmbH. |
Operative part
The Court:
1. | | Dismisses the application; |
2. | | Orders Reber Holding GmbH & Co. KG to pay the costs. |