23.11.2015   

EN

Official Journal of the European Union

C 389/45


Judgment of the General Court of 24 September 2015 — Primagaz v OHIM — Reeh (PRIMA KLIMA)

(Case T-195/14) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark PRIMA KLIMA - Earlier Community figurative mark PRIMAGAZ - Relative ground for refusal - Likelihood of confusion - Relevant public - Similarity of goods and services - Similarity of the signs - Distinctive character of a laudatory word element - Conceptual comparison - Distinctive character of the earlier mark - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 389/48)

Language of the case: German

Parties

Applicant: Compagnie des gaz de pétrole Primagaz SA (Paris, France) (represented by: D. Régnier, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Fischer, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Gerhard Reeh (Radnice, Czech Republic) (represented by: W. Riegger, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 7 January 2014 (Case R 2304/2012-1), relating to opposition proceedings between Compagnie des gaz de pétrole Primagaz SA and Mr Gerhard Reeh.

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 7 January 2014 (Case R 2304/2012-1) in so far as the Board of Appeal dismissed the action before it as regards the goods ‘apparatus for lighting, heating, drying and ventilating; activated carbon filters for ventilation purposes’;

2.

Dismisses the action as to the remainder;

3.

Orders each party to bear its own costs.


(1)  OJ C 175, 10.6.2014.