Language of document :

Judgment of the General Court of 17 January 2013 - Reber v OHIM - Wedl & Hofmann (Walzer Traum)

(Case T-355/09) 

(Community trade mark - Opposition proceedings - Application for figurative Community mark Walzer Traum - Earlier national word mark Walzertraum - Lack of genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009 - Equal treatment)

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 by: G. Schenider, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Wedl & Hofmann GmbH (Mils/Hall in Tirol, Austria) (represented by: T. Raubal, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 July 2009 (Case R 623/2008-4) relating to opposition proceedings between Reber Holding GmbH & Co. KG and Wedl & Hofmann GmbH.

Operative part of the judgment

The Court:

1.    Dismisses the application;

2.    Orders Reber Holding GmbH & Co. KG to pay the costs.

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1 - OJ C 282, 21.11.2009.