Judgment of the General Court of 30 May 2013 – Moselland v OHIM - Renta Siete (DIVINUS)

(Case T-214/10) ¹

(Community trade mark – Opposition proceedings – Application for Community word mark DIVINUS – Earlier national figurative mark MOSELLAND Divinum – Existence, validity and extent of the protection of the earlier right – Proof)

Language of the case: German

Parties

Applicant: Moselland eG – Winzergenossenschaft (Bernkastel-Kues, Germany) (represented by: M. Dippelhofer, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially, S. Schäffner, and subsequently by D. Walicka, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Renta Siete, SL (Albacete, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 22 February 2010 (Case R 1204/2009-2) concerning opposition proceedings between Moselland eG – Winzergenossenschaft and Renta Siete, SL.

Operative part of the judgment

The Court:

1.    Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 February 2010 (Case R 1204/2009-2);

2.    Orders OHIM to bear its own costs and to pay the costs incurred by Moselland eG – Winzergenossenschaft for the purposes of the proceedings before the General Court and before the Board of Appeal.

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¹     OJ C 195, 17.7.2010.