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14.3.2016 |
EN |
Official Journal of the European Union |
C 98/42 |
Judgment of the General Court of 28 January 2016 — Novomatic v OHIM — Simba Toys (African SIMBA)
(Case T-687/14) (1)
((Community trade mark - Opposition proceedings - Application for Community figurative mark African SIMBA - Prior national figurative mark Simba - Duty to state reasons - Article 75 of Regulation (EC) No 207/2009 - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009))
(2016/C 098/54)
Language of the case: German
Parties
Applicant: Novomatic AG (Gumpoldskirchen, Austria) (represented by: W. Mosing, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Schifko, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Simba Toys GmbH & Co. KG (Fürth, Germany) (represented by: O. Ruhl, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 July 2014 (Case R 2098/2013-4) concerning opposition proceedings between Simba Toys GmbH & Co. KG and Novomatic AG.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Novomatic AG to pay the costs. |