Source: EURLEX
Language: en
Format: md

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| 19.5.2014 | EN | Official Journal of the European Union | C 151/29 |

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Action brought on 20 March 2014 — Nürburgring v OHIM — Biedermann (Nordschleife)

(Case T-181/14)

2014/C 151/37

Language in which the application was lodged: German

Parties

Applicant: Nürburgring GmbH (Nürburg, Germany) (represented by: M. Viefhues and C. Giersdorf, lawyers)

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

Other party to the proceedings before the Board of Appeal: Lutz Biedermann (Villingen-Schwenningen, Germany)

Form of order sought

The applicant claims that the Court should:

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| — | annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 January 2014 in Case R 163/2013-4; |

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| — | order the defendant and, if applicable, the other interested parties to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: Word mark ‘Nordschleife’ for goods and services in Classes 2 to 4, 6, 9, 11, 12, 14, 16, 18, 21, 22, 24 to 30, 32 to 34, 39, 41 and 43 — Community trade mark application No 7 379 399

Proprietor of the mark or sign cited in the opposition proceedings: Lutz Biedermann

Mark or sign cited in opposition: National word mark ‘Management by Nordschleife’ for goods and services in Classes 6, 9, 16, 25, 28 and 41

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: Appeal dismissed

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

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