Judgment — ECLI:EU:T:2014:37
Date: 2014-01-29
Language of the case: German
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 30 January 2013 - Goldsteig Käsereien Bayerwald v OHIM - Vieweg (goldstück) (Case T-47/13) Language in which the application was lodged: German Parties Applicant: Goldsteig Käsereien Bayerwald GmbH (Cham, Germany) (represented by: S. Biagosch, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Christin Vieweg (Sonneberg, Germany) Form of order sought The applicant claims that the Court should: Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 November 2012 in Case R 2589/2011-1; Order OHIM to bear its own costs and to pay those incurred by the applicant. Pleas in law and main arguments Applicant for a Community trade mark: Christin Vieweg Community trade mark concerned: the figurative mark including the word element 'goldstück' for goods in Classes 29 and 30 - Community trade mark application No 9 153 677 Proprietor of the mark or sign cited in the opposition proceedings: the applicant Mark or sign cited in opposition: the word mark 'GOLDSTEIG' for goods and services in Classes 29 and 43 Decision of the Opposition Division: the opposition was upheld Decision of the Board of Appeal: the Opposition Division's decision was annulled and the applicant's opposition was rejected Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 ____________