Action brought on 14 September 2009 - Reber Holding v OHIM - Wedl & Hofmann (Walzer Traum)
(Case T-355/09)
Language in which the application was lodged: German
Parties
Applicant: Reber Holding GmbH & Co. KG (Bad Reichenhall, Germany) (represented by: O. Spuhler and M. Geitz, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Wedl & Hofmann (Mils/Hall in Tirol, Austria)
Form of order sought
annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 9 July 2009 in Case R 623/2008-4;
order the defendant to pay the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: Wedl & Hofmann GmbH
Community trade mark concerned: Figurative mark 'Walzer Taum' in respect of goods in Classes 21 and 30 (Application No 4 593 752)
Proprietor of the mark or sign cited in the opposition proceedings: Reber Holding GmbH and Co. KG
Mark or sign cited in opposition: the German word mark 'Walzertraum' in respect of goods in Class 30 (No 1 092 615) and the opposition was directed against only the registration in respect of the goods in Class 30
Decision of the Opposition Division: Opposition was upheld
Decision of the Board of Appeal: Contested decision was annulled and the opposition was rejected
Pleas in law: Infringement of the first sentence of Article 42(2) of Regulation (EC) No 207/2009
1 and the general principle of equal treatment in relation to the interpretation of the requirements for genuine use of the mark cited in oppostion
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).