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Case T-355/09: Judgment of the General Court of 17 January 2013 — Reber v OHIM — Wedl & Hofmann (Walzer Traum) (Community trade mark — Opposition proceedings — Application for figurative Community mark Walzer Traum — Earlier national word mark Walzertraum — Lack of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Equal treatment)
ECLI:EU:UNKNOWN:62009TA0355
62009TA0355
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Official Journal of the European Union
C 63/18
(Case T-355/09) (<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for figurative Community mark Walzer Traum - Earlier national word mark Walzertraum - Lack of genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009 - Equal treatment)
2013/C 63/35
Language of the case: German
Parties
Applicant: Reber Holding GmbH & Co. KG (Bad Reichenhall, Germany) (represented by: O. Spuhler and M. Geitz, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schenider, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Wedl & Hofmann GmbH (Mils/Hall in Tirol, Austria) (represented by: T. Raubal, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 July 2009 (Case R 623/2008-4) relating to opposition proceedings between Reber Holding GmbH & Co. KG and Wedl & Hofmann GmbH.
Operative part of the judgment
The Court:
1.Dismisses the application;
2.Orders Reber Holding GmbH & Co. KG to pay the costs.
(<span class="super">1</span>) OJ C 282, 21.11.2009.