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Case T-697/15: Action brought on 30 November 2015 — Bergbräu v OHIM — Vilser Privatbrauerei (VILSER BERGBRÄU)
ECLI:EU:UNKNOWN:62015TN0697
62015TN0697
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Valentina R., lawyer
29.2.2016
EN
Official Journal of the European Union
C 78/22
(Case T-697/15)
(2016/C 078/32)
Language in which the application was lodged: German
Parties
Applicant: Bergbräu GmbH & Co. KG (Uslar, Germany) (represented by: B. Reiter, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Vilser Privatbrauerei GmbH (Vils, Austria)
Details of the proceedings before OHIM
Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Community figurative mark containing the word elements ‘VILSER BERGBRÄU’ — Application for registration No 11 396 223
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of OHIM of 10 September 2015 in Case R 2675/2014-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in the opposition proceedings between Privatbrauerei Bergbräu GmbH & Co. KG and Vilser Privatbrauerei GmbH (Opposition No B 002169764);
—order OHIM to pay the costs;
—fix a date for the hearing in the event that the assessment of the facts of the case by the Court is not possible without a hearing.
Plea in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009.