Action brought on 10 November 2006 - Reber v OHIM (Mozart)

(Case T-304/06)

Language in which the application was lodged: German

Parties

Applicant: Paul Reber GmbH & Co. KG (Bad Reichenhall, Germany) (represented by: O. Spuhler, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Chocoladefabriken Lindt & Sprüngli AG (Kilchberg, Switzerland)

Form of order sought

The applicant claims that the Court should:

annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 8 September 2006 in appeal case R 97/2005-2;

order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark 'Mozart' for goods in Class 30 (Community trade mark No 21 071).

Proprietor of the Community trade mark: The applicant.

Applicant for the declaration of invalidity: Chocoladefabriken Lindt & Sprüngli AG.

Decision of the Cancellation Division: Declaration of invalidity of the Community trade mark concerned.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of the duty under Article 73 of Regulation (EC) No 40/94 ¹ to state the reasons on which a decision is based, infringement by the Office of its duty under Article 74(1) of Regulation No 40/94 to examine the facts of its own motion, infringement of the principle of good faith and infringement of Article 7(1)(c) of Regulation No 40/94.

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).