Action brought on 14 September 2009 — Reber Holding v OHIM — Wedl & Hofmann (Walzer Traum)

(Case T-355/09)

2009/C 282/96

Language in which the application was lodged: 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)

Other party to the proceedings before the Board of Appeal of OHIM: Wedl & Hofmann (Mils/Hall in Tirol, Austria)

Form of order sought

Pleas in law and main arguments

Applicant for a Community trade mark: Wedl & Hofmann GmbH

Community trade mark concerned: Figurative mark ‘Walzer Taum’ in respect of goods in Classes 21 and 30 (Application No 4 593 752)

Proprietor of the mark or sign cited in the opposition proceedings: Reber Holding GmbH and Co. KG

Mark or sign cited in opposition: the German word mark ‘Walzertraum’ in respect of goods in Class 30 (No 1 092 615) and the opposition was directed against only the registration in respect of the goods in Class 30

Decision of the Opposition Division: Opposition was upheld

Decision of the Board of Appeal: Contested decision was annulled and the opposition was rejected

Pleas in law: Infringement of the first sentence of Article 42(2) of Regulation (EC) No 207/2009 (1) and the general principle of equal treatment in relation to the interpretation of the requirements for genuine use of the mark cited in oppostion

(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).