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22.2.2014 |
EN |
Official Journal of the European Union |
C 52/33 |
Judgment of the General Court of 16 January 2014 — Aloe Vera of America v OHIM — Detimos (FOREVER)
(Case T-528/11) (1)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark FOREVER - Earlier national figurative mark 4 EVER - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009)
2014/C 52/60
Language of the case: English
Parties
Applicant: Aloe Vera of America, Inc. (Dallas, Texas, United States) (represented by: R. Niebel and F. Kerl, lawyers)
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: Detimos — Gestão Imobiliária, SA (Carregado, Portugal) (represented by: V. Caires Soares, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 August 2011 (Case R 742/2010-4), relating to opposition proceedings between Diviril — Distribuidora de Viveres do Ribatejo, Lda and Aloe Vera of America, Inc.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Aloe Vera of America, Inc. to pay the costs, including those incurred by Detimos — Gestão Imobiliária, SA in the course of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). |