Action brought on 21 January 2014 – Genossenschaftskellerei Rosswag- Mühlhausen v OHIM (Lembergerland)

(Case T-55/14)

Language of the case: German

Parties

Applicant: Genossenschaftskellerei Rosswag- Mühlhausen eG (Vaihingen an der Enz, Germany) (represented by H. Steffan, lawyer)

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

Form of order sought

The applicant claims that the Court should:

annul the decision of the Board of Appeal of 14 November 2013 in Case R 566/2013-1 relating to Community trade mark application No 11 134 947;

as regards the decision of the Board of Appeal of 14 November 2013 in Case R 566/2013-1, oblige the defendant to register the mark applied for;

order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘Lembergerland’ for goods in Class 33 – Community trade mark application No 11 134 947

Decision of the Examiner: Registration refused

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 7(1)(j) of Regulation (EC) No 207/2009.