Judgment of the General Court of 25 November 2014 — Royalton Overseas v OHIM — S.C. Romarose Invest (KAISERHOFF)

(Case T-556/12) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark KAISERHOFF - Earlier national word mark KAISERHOFF - Suspension of the administrative proceedings - Rules 20 and 50 of Regulation (EC) No 2868/95 - ‘Examination of the facts by the Office of its own motion’ - Article 76(1) of Regulation (EC) No 207/2009)

(2015/C 016/54)

Language of the case: English

Parties

Applicant: Royalton Overseas Ltd (Road Town, British Virgin Islands, United Kingdom) (represented by: C. Năstase, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: S.C. Romarose Invest Srl (Bucharest, Romania) (represented by: R.-G. Dragomir and G.-L. Ilie, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 4 October 2012 (Case R 2535/2011-1) concerning opposition proceedings between S.C. Romarose Invest Srl and Royalton Overseas Ltd.

Operative part of the judgment

The Court:

1)	Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 October 2012 (Case R 2535/2011-1) concerning opposition proceedings between S.C. Romarose Invest Srl and Royalton Overseas Ltd;

2)	Orders OHIM to bear its own costs and to pay half of the costs incurred by Royalton Overseas, including those necessarily incurred by Royalton Overseas for the purposes of the proceedings before the Board of Appeal of OHIM;

3)	Orders S.C. Romarose Invest to bear its own costs and to pay half of the costs incurred by Royalton Overseas, including those necessarily incurred by Royalton Overseas for the purposes of the proceedings before the Board of Appeal of OHIM.

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(1)  OJ C 63, 2.3.2013.