10.6.2014
EN
Official Journal of the European Union
C 175/38
Judgment of the General Court of 9 April 2014 — Elite Licensing v OHIM — Aguas De Mondariz Fuente del Val (elite BY MONDARIZ)
(Case T-386/12) (1)
((Community trade mark - Opposition proceedings - Application for a Community figurative mark elite BY MONDARIZ - Earlier Community and international figurative marks ELITE - Language of appeal proceedings - Time-limits - Admissibility of an appeal to the Board of Appeal - Rule 48(2), Rule 49(1) and Rule 96(1) of Regulation (EC) No 2868/95 - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 - Damage to reputation - Article 8(5) of Regulation No 207/2009))
2014/C 175/50
Language of the case: Spanish
Parties
Applicant: Elite Licensing Company SA (Fribourg, Switzerland) (represented by: J. Albrecht, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Aguas De Mondariz Fuente del Val, SL (Mondariz, Spain) (represented by: T. Andrade Boué, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of OHIM of 6 June 2012 (Case R 9/2011-5), relating to invalidity proceedings between Elite Licensing Company SA and Aguas de Mondariz Fuente del Val, SL.
Operative part of the judgment
The Court:
1.
Annuls the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 June 2012 (Case R 9/2011-5), relating to invalidity proceedings between Elite Licensing Company SA and Aguas de Mondariz Fuente del Val, SL;
2.
Orders OHIM to pay, in addition to its own costs, the costs incurred by Elite Licensing Company;
3.
Orders Aguas de Mondariz Fuente del Val to pay its own costs.
(1) OJ C 355, 17.11.2012.
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