24.1.2009 |
EN |
Official Journal of the European Union |
C 19/27 |
Order of the Court of First Instance of 2 December 2008 — Harman International Industries v OHIM — Becker (Barbara Becker)
(Case T-212/07) (1)
(Community trade mark - Opposition proceedings - Application for the Community word mark Barbara Becker - Earlier Community word mark BECKER - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94)
(2009/C 19/51)
Language of the case: English
Parties
Applicant: Harman International Industries, Inc. (Northridge, California, United States) (represented by: M. Vanhegan, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Barbara Becker (Miami, Florida, United States) (represented by: P. Baronikians, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 7 March 2007 (Case R 502/2006-1) relating to opposition proceedings between Harman International Industries, Inc. and Barbara Becker.
Operative part of the order
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 March 2007 (Case R 502/2006-1); |
2. |
Dismisses as inadmissible the application of Harman International Industries, Inc., requesting that the application for registration of Barbara Becker as a Community trade mark be rejected; |
3. |
Orders OHIM to bear its own costs and pay the costs of Harman International Industries; |
4. |
Orders Barbara Becker to bear her own costs. |