20.4.2013 |
EN |
Official Journal of the European Union |
C 114/32 |
Judgment of the General Court of 8 March 2013 — Mayer Naman v OHIM — Daniel e Mayer (David Mayer)
(Case T-498/10) (1)
(Community trade mark - Invalidity proceedings - Community figurative mark David Mayer - Earlier national word mark DANIEL & MAYER MADE IN ITALY - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 - Request for proof of genuine use made for the first time before the Board of Appeal - Out of time - Article 57(2) and (3) of Regulation No 207/2009)
2013/C 114/50
Language of the case: Italian
Parties
Applicant: David Mayer Naman (Rome, Italy) (represented initially by S. Sutti, S. Cazzaniga and V. Fedele, and subsequently by V. Fedele and M. Spolidoro, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Daniel e Mayer Srl (Milan, Italy) (represented by: M. Andreolini and A. Parini, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 26 July 2010 (Case R 413/2009-1) relating to invalidity proceedings between Daniel e Mayer Srl and Mr David Mayer Naman.
Operative part of the judgment
The Court:
1. |
Dismisses the action; |
2. |
Orders Mr David Mayer Naman to pay the costs. |