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.
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