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Document C2006/326/131
Case T-304/06: Action brought on 10 November 2006 — Reber v OHIM (Mozart)
Case T-304/06: Action brought on 10 November 2006 — Reber v OHIM (Mozart)
Case T-304/06: Action brought on 10 November 2006 — Reber v OHIM (Mozart)
IO C 326, 30.12.2006, p. 61–61
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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).