CELEX: 62010TN0530
Language: en
Date: 2010-11-15 00:00:00
Title: Case T-530/10: Action brought on 15 November 2010 — Reber v OHIM — Klusmeier (Wolfgang Amadeus Mozart PREMIUM)

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) 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.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).