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Case T-181/14: Action brought on 20 March 2014 — Nürburgring v OHIM — Biedermann (Nordschleife)
ECLI:EU:UNKNOWN:62014TN0181
62014TN0181
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Valentina R., lawyer
19.5.2014
EN
Official Journal of the European Union
C 151/29
(Case T-181/14)
2014/C 151/37
Language in which the application was lodged: German
Parties
Applicant: Nürburgring GmbH (Nürburg, Germany) (represented by: M. Viefhues and C. Giersdorf, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Lutz Biedermann (Villingen-Schwenningen, Germany)
Form of order sought
The applicant claims that the Court should:
—annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 January 2014 in Case R 163/2013-4;
—order the defendant and, if applicable, the other interested parties to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: Word mark ‘Nordschleife’ for goods and services in Classes 2 to 4, 6, 9, 11, 12, 14, 16, 18, 21, 22, 24 to 30, 32 to 34, 39, 41 and 43 — Community trade mark application No 7 379 399
Proprietor of the mark or sign cited in the opposition proceedings: Lutz Biedermann
Mark or sign cited in opposition: National word mark ‘Management by Nordschleife’ for goods and services in Classes 6, 9, 16, 25, 28 and 41
Decision of the Opposition Division: Opposition upheld in part
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009