Action brought on 20 March 2014 – Nürburgring v OHIM – Biedermann (Nordschleife)

(Case T-181/14)

Language in which the application was lodged: German

Parties

Applicant: Nürburgring GmbH (Nürburg, Germany) (represented by: M. Viefhues and C. Giersdorf, lawyers)

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

Other party to the proceedings before the Board of Appeal: Lutz Biedermann (Villingen-Schwenningen, Germany)

Form of order sought

The applicant claims that the Court should:

annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 January 2014 in Case R 163/2013-4;

order the defendant and, if applicable, the other interested parties to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: Word mark ‘Nordschleife’ for goods and services in Classes 2 to 4, 6, 9, 11, 12, 14, 16, 18, 21, 22, 24 to 30, 32 to 34, 39, 41 and 43 - Community trade mark application No 7 379 399

Proprietor of the mark or sign cited in the opposition proceedings: Lutz Biedermann

Mark or sign cited in opposition: National word mark ‘Management by Nordschleife’ for goods and services in Classes 6, 9, 16, 25, 28 and 41

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: Appeal dismissed

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