Action brought on 30 January 2013 - Goldsteig Käsereien Bayerwald v OHIM - Vieweg (goldstück)

(Case T-47/13)

Language in which the application was lodged: German

Parties

Applicant: Goldsteig Käsereien Bayerwald GmbH (Cham, Germany) (represented by: S. Biagosch, lawyer)

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

Other party to the proceedings before the Board of Appeal: Christin Vieweg (Sonneberg, Germany)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 November 2012 in Case R 2589/2011-1;

Order OHIM to bear its own costs and to pay those incurred by the applicant.

Pleas in law and main arguments

Applicant for a Community trade mark: Christin Vieweg

Community trade mark concerned: the figurative mark including the word element 'goldstück' for goods in Classes 29 and 30 - Community trade mark application No 9 153 677

Proprietor of the mark or sign cited in the opposition proceedings: the applicant

Mark or sign cited in opposition: the word mark 'GOLDSTEIG' for goods and services in Classes 29 and 43

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the Opposition Division's decision was annulled and the applicant's opposition was rejected

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009

____________