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Case T-47/13: Action brought on 30 January 2013 — Goldsteig Käsereien Bayerwald v OHIM — Vieweg (goldstück)
ECLI:EU:UNKNOWN:62013TN0047
62013TN0047
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23.3.2013
Official Journal of the European Union
C 86/25
(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