Action brought on 15 November 2013 – Mustang v OHIM– Dubek (20 CLASS A FILTER CIGARETTES Mustang)

(Case T-606/13)

Language in which the application was lodged: German

Parties

Applicant: Mustang – Bekleidungswerke GmbH & Co. KG (Künzelsau, Germany) (represented by: S. Völker, lawyer)

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

Other party to the proceedings before the Board of Appeal: Dubek Ltd (Petach Tikva, Israel)

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 13 September 2013 in Case R 416/2012-4 concerning the opposition proceedings against Community trade mark application No 6 06 098;

order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Dubek Ltd

Community trade mark concerned: figurative mark “20 CLASS A FILTER CIGARETTES Mustang” for goods in Class 34 – Community trade mark application No 6 06 098

Proprietor of the mark or sign cited in the opposition proceedings: the applicant

Mark or sign cited in opposition: German word mark and figurative mark “MUSTANG” for goods in Classes 9, 14, 18 and 25

Decision of the Opposition Division: the opposition was dismissed

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) and (5) of Regulation (EC) No 207/2009