Source: EURLEX
Language: en
Format: md

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| 3.8.2013 | EN | Official Journal of the European Union | C 225/62 |

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Judgment of the General Court of 30 May 2013 — Moselland v OHIM — Renta Siete (DIVINUS)

(Case T-214/10)[(1)](#ntr1-C_2013225EN.01006202-E0001)

(Community trade mark - Opposition proceedings - Application for Community word mark DIVINUS - Earlier national figurative mark MOSELLAND Divinum - Existence, validity and extent of the protection of the earlier right - Proof)

2013/C 225/139

Language of the case: German

Parties

Applicant: Moselland eG — Winzergenossenschaft (Bernkastel-Kues, Germany) (represented by: M. Dippelhofer, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially, S. Schäffner, and subsequently by D. Walicka, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Renta Siete, SL (Albacete, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 22 February 2010 (Case R 1204/2009-2) concerning opposition proceedings between Moselland eG — Winzergenossenschaft and Renta Siete, SL.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 February 2010 (Case R 1204/2009-2); |

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| 2. | Orders OHIM to bear its own costs and to pay the costs incurred by Moselland eG — Winzergenossenschaft for the purposes of the proceedings before the General Court and before the Board of Appeal. |

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