8.2.2014

EN

Official Journal of the European Union

C 39/22

(Case T-606/13)

2014/C 39/39

Language in which the application was lodged: German

Parties

Applicant: Mustang — Bekleidungswerke GmbH & Co. KG (Künzelsau, Germany) (represented by: S. Völker, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Dubek Ltd (Petach Tikva, Israel)

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 13 September 2013 in Case R 416/2012-4 concerning the opposition proceedings against Community trade mark application No 6 065 098;

—order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Dubek Ltd

Community trade mark concerned: figurative mark ‘20 CLASS A FILTER CIGARETTES Mustang’ for goods in Class 34 — Community trade mark application No 6 065 098

Proprietor of the mark or sign cited in the opposition proceedings: the applicant

Mark or sign cited in opposition: German word mark and figurative mark ‘MUSTANG’ for goods in Classes 9, 14, 18 and 25

Decision of the Opposition Division: the opposition was dismissed

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) and (5) of Regulation (EC) No 207/2009