CELEX: C2006/326/131
Language: en
Date: 2006-12-30 00:00:00
Title: Case T-304/06: Action brought on 10 November 2006 — Reber v OHIM (Mozart)

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 326/61
            
         Action brought on 10 November 2006 — Reber v OHIM (Mozart)
   (Case T-304/06)
   (2006/C 326/131)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Paul Reber GmbH & Co. KG (Bad Reichenhall, Germany) (represented by: O. Spuhler, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Chocoladefabriken Lindt & Sprüngli AG (Kilchberg, Switzerland)
   Form of order sought
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 8 September 2006 in appeal case R 97/2005-2;
            
         
               —
            
            
               order the defendant to pay the costs of the proceedings.
            
         Pleas in law and main arguments
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘Mozart’ for goods in Class 30 (Community trade mark No 21 071).
   
      Proprietor of the Community trade mark: The applicant.
   
      Applicant for the declaration of invalidity: Chocoladefabriken Lindt & Sprüngli AG.
   
      Decision of the Cancellation Division: Declaration of invalidity of the Community trade mark concerned.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: Infringement of the duty under Article 73 of Regulation (EC) No 40/94 (1) to state the reasons on which a decision is based, infringement by the Office of its duty under Article 74(1) of Regulation No 40/94 to examine the facts of its own motion, infringement of the principle of good faith and infringement of Article 7(1)(c) of Regulation No 40/94.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).