Judgment of the General Court of 16 May 2013 - Reber v OHIM - Klusmeier (Wolfgang Amadeus Mozart PREMIUM)
(Case T-530/10)
(Community trade mark - Opposition proceedings - Application for Community word mark Wolfgang Amadeus Mozart PREMIUM - Earlier national figurative marks W. Amadeus Mozart - No genuine use of the earlier mark - Article 15(1), first subparagraph and second subparagraph(a), and Article 42(2) and (3) of Regulation (EC) No 207/2009 )
Language of the case: 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) (represented: initially by R. Manea, then by D. Walicka, agents
Other party to the proceedings before the Board of Appeal of OHIM: Anna Klusmeier (Bielefeld, Germany) (represented by: G. Schmitt-Gaedke, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 14 September 2010 (Case R 363/2008-4), relating to opposition proceedings between Reber Holding GmbH & Co. KG and Ms Anna Klusmeier
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Reber Holding GmbH & Co. KG to pay the costs, including the costs necessarily incurred by Mrs Anna Klusmeier for the purpose of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
____________1 - OJ C 30, 29.1.2011.