Judgment — ECLI:EU:T:2015:862
Date: 2015-11-18
Language of the case: German
Court formation: Fourth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

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