CELEX: 62013TN0047
Language: en
Date: 2013-01-30 00:00:00
Title: Case T-47/13: Action brought on 30 January 2013 — Goldsteig Käsereien Bayerwald v OHIM — Vieweg (goldstück)

23.3.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 86/25
            
         Action brought on 30 January 2013 — Goldsteig Käsereien Bayerwald v OHIM — Vieweg (goldstück)
   (Case T-47/13)
   2013/C 86/41
   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