Source: EURLEX
Language: en
Format: md

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| 21.11.2009 | EN | Official Journal of the European Union | C 282/50 |

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Action brought on 14 September 2009 — Reber Holding v OHIM — Wedl & Hofmann (Walzer Traum)

(Case T-355/09)

2009/C 282/96

Language in which the application was lodged: German

Parties

Applicant: Reber Holding GmbH & Co. KG (Bad Reichenhall, Germany) (represented by: O. Spuhler and M. Geitz, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Wedl & Hofmann (Mils/Hall in Tirol, Austria)

Form of order sought

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| — | annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 9 July 2009 in Case R 623/2008-4; |

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| — | order the defendant to pay the costs of the proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: Wedl & Hofmann GmbH

Community trade mark concerned: Figurative mark ‘Walzer Taum’ in respect of goods in Classes 21 and 30 (Application No 4 593 752)

Proprietor of the mark or sign cited in the opposition proceedings: Reber Holding GmbH and Co. KG

Mark or sign cited in opposition: the German word mark ‘Walzertraum’ in respect of goods in Class 30 (No 1 092 615) and the opposition was directed against only the registration in respect of the goods in Class 30

Decision of the Opposition Division: Opposition was upheld

Decision of the Board of Appeal: Contested decision was annulled and the opposition was rejected

Pleas in law: Infringement of the first sentence of Article 42(2) of Regulation (EC) No 207/2009[(1)](#ntr1-C_2009282EN.01005001-E0001) and the general principle of equal treatment in relation to the interpretation of the requirements for genuine use of the mark cited in oppostion

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