Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 29.1.2011 | EN | Official Journal of the European Union | C 30/42 |

---

Action brought on 15 November 2010 — Reber v OHIM — Klusmeier (Wolfgang Amadeus Mozart PREMIUM)

(Case T-530/10)

()

2011/C 30/77

Language in which the application was lodged: German

Parties

Applicant: Reber (Bad Reichenhall, Germany) (represented by: O. Spuhler and M. Geitz, laywers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Ms Anna Klusmeier (Bielefed, Germany)

Form of order sought

|  |  |
| --- | --- |
| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 September 2010 in Case R 363/2008-4; |

|  |  |
| --- | --- |
| — | Order the defendant to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: Predecessor in title of Ms Anna Klusmeier.

Community trade mark concerned: Word mark ‘Wolfgang Amadeus Mozart PREMIUM’ for goods in Classes 30 and 32.

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

Mark or sign cited in opposition: German figurative marks which contain the word element ‘W. Amadeus Mozart’ for the following goods and sservices: bakers’ wares, confectionery, chocolate confectionery and sugar confectionery, catering in a café and teashop.

Decision of the Opposition Division: Rejection of the opposition.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 42(2)(1) in conjunction with Article 42(3) of Regulation (EC) No 207/2009,[(1)](#ntr1-C_2011030EN.01004202-E0001) since the evidence of use put forward by the applicant is a concrete indication of the form of use of the mark cited in opposition ‘W. Amadeus Mozart’, and of Article 15(1)(2)(a) of Regulation (EC) No 207/2009, since it was proven that the mark cited in opposition is clearly used as a trade mark.

---

[Top](#document1)