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12.1.2015 |
EN |
Official Journal of the European Union |
C 7/33 |
Judgment of the General Court of 18 November 2014 — Repsol v OHIM — Adell Argiles (ELECTROLINERA)
(Case T-308/13) (1)
((Community trade mark - Opposition proceedings - Application for Community word mark ELECTROLINERA - Earlier national word mark ELECTROLINERA - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2015/C 007/36)
Language of the case: Spanish
Parties
Applicant: Repsol, SA (Madrid, Spain) (represented by: J.-B. Devaureix and L. Montoya Terán, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo and V. Melgar, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Josep María Adell Argiles (Madrid, Spain) (represented by: initially M. García Jiménez and A. Zuazo Araluze, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 7 March 2013 (Case R 1565/2012-1), relating to opposition proceedings between Mr Josep María Adell Argiles and Repsol, SA.
Operative part of the judgment
The Court:
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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 7 March 2013 (Case R 1565/2012-1), relating to opposition proceedings between Mr Josep María Adell Argiles and Repsol, SA. In so far as concerns the ‘industrial oils and greases; lubricants; fuels (including motor spirit)’ in Class 4 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended; |
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2. |
Dismisses the action as to the remainder; |
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3. |
Orders each party to bear its own costs. |