20.7.2013

Official Journal of the European Union

C 207/43

Action brought on 8 May 2013 — Lausitzer Früchteverarbeitung v OHIM — Rivella International (holzmichel)

(Case T-263/13)

2013/C 207/73

Language in which the application was lodged: German

Parties

Applicant: Lausitzer Früchteverarbeitung GmbH (Sohland, Germany) (represented by: A. Weiß, lawyer)

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

Other party to the proceedings before the Board of Appeal: Rivella International AG (Rothrist, Switzerland)

Form of order sought

—	Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 February 2013 in Case R 1968/2011-1;

—	vary the contested decision in such a way as to reject the opponent’s opposition;

—

order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the proceedings, including the costs incurred in the course of the appeal procedure, or order the intervener to pay the costs of the proceedings, including the costs incurred in the course of the appeal procedure.

Pleas in law and main arguments

Applicant for a Community trade mark: Lausitzer Früchteverarbeitung GmbH

Community trade mark concerned: Figurative mark containing the word element ‘holzmichel’ for goods and services in Classes 21, 24, 32, 33 and 38 — Community trade mark application No 8 904 278

Proprietor of the mark or sign cited in the opposition proceedings: Rivella International AG

Mark or sign cited in opposition: International registration of figurative marks containing the word elements ‘Michel’ and ‘Michel POWER’ for goods in Classes 29, 30, 32 and 33

Decision of the Opposition Division: Opposition rejected

Decision of the Board of Appeal: Appeal upheld and registration refused

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009