1.9.2014
EN
Official Journal of the European Union
C 292/40
Judgment of the General Court of 16 July 2014 — Erreà Sport v OHIM — Facchinelli (ANTONIO BACIONE)
(Case T-36/13) (1)
((Community trade mark - Opposition proceedings - Application for Community figurative mark ANTONIO BACIONE - Earlier Community figurative mark erreà and earlier national figurative mark representing two overlapping lozenges - Relative grounds for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Unfair advantage taken of the distinctive character or the repute of the earlier mark - Article 8(5) of Regulation No 207/2009))
2014/C 292/49
Language of the case: Italian
Parties
Applicant: Erreà Sport SpA (Torrile, Italy) (represented by: D. Caneva and G. Fucci, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Antonio Facchinelli (Dalang, China)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 24 October 2012 (Case R 1561/2011-1) concerning opposition proceedings between Erreà Sport SpA and Antonio Facchinelli.
Operative part of the judgment
The Court:
1.
Dismisses the action;
2.
Orders Erreà Sport SpA to pay the costs.
(1) OJ C 79, 16.3.2013.
Full & Egal Universal Law Academy