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10.8.2015 |
EN |
Official Journal of the European Union |
C 262/20 |
Judgment of the General Court of 16 June 2015 — H. P. Gauff Ingenieure v OHIM (Gauff JBG Ingenieure)
(Case T-585/13) (1)
((Community trade mark - Opposition proceedings - Application for Community figurative mark Gauff JBG Ingenieure - Earlier national and Community word and figurative marks GAUFF - Relative grounds for refusal - Partial refusal to register - Application for restitutio in integrum - Article 81 of Regulation (EC) No 207/2009))
(2015/C 262/26)
Language of the case: German
Parties
Applicant: H. P. Gauff Ingenieure GmbH & Co. KG — JBG (Nuremberg, Germany) (represented by: G. Schneider-Rothhaar, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Schifko, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Gauff GmbH & Co. Engineering KG (Nuremberg, Germany) (represented by: A. Molnar, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 5 September 2013 (Case R 596/2013-1) relating to an application for restitutio in integrum.
Operative part of the judgment
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders H.P. Gauff Ingenieure GmbH & Co. KG — JBG to bear its own costs as well as those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM); |
|
3. |
Orders Gauff GmbH & Co. Engineering KG to bear its own costs. |