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21.3.2016 |
EN |
Official Journal of the European Union |
C 106/31 |
Judgment of the General Court of 5 February 2016 — Kicktipp v OHIM — Società Italiana Calzature (kicktipp)
(Case T-135/14) (1)
((Community trade mark - Opposition proceedings - Application for Community word mark kicktipp - Earlier national word mark KICKERS - Rule 19 of Regulation (EC) No 2868/95 - Rule 98(1) of Regulation No 2868/95 - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2016/C 106/34)
Language of the case: English
Parties
Applicant: Kicktipp GmbH (Dusseldorf, Germany) (represented by: A. Dreyer, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. Harrington, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Società Italiana Calzature Srl (Milan, Italy) (represented by: G. Cantaluppi, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 12 December 2013 (Case R 1061/2012-2), relating to opposition proceedings between Società Italiana Calzature Srl and Kicktipp GmbH.
Operative part of the judgment
The Court:
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1. |
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 12 December 2013 (Case R 1061/2012-2); |
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2. |
Orders OHIM to bear its own costs and to pay those incurred by Kicktipp GmbH; |
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3. |
Orders Società Italiana Calzature Srl to bear its own costs. |