14.8.2010 |
EN |
Official Journal of the European Union |
C 221/10 |
Judgment of the Court (Fourth Chamber) of 24 June 2010 — Barbara Becker v Harman International Industries, Inc., Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-51/09 P) (1)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Word mark Barbara Becker - Opposition by the proprietor of the Community word marks BECKER and BECKER ONLINE PRO - Assessment of the likelihood of confusion - Assessment of the conceptual similarity of the signs)
2010/C 221/15
Language of the case: English
Parties
Appellant: Barbara Becker (represented by: P. Baronikians, Rechtsanwalt)
Other parties to the proceedings: Harman International Industries, Inc. (represented by: M. Vanhegan, Barrister), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Re:
Appeal against the judgment of the Court of First Instance (First Chamber) of 2 December 2008 in Case T-212/07 Harman International Industries v OHIM — Becker (Barbara Becker), in which the Court of First Instance annulled Decision R 502/2006-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 7 March 2007 annulling the Opposition Division’s decision refusing the registration of the word mark ‘Barbara Becker’ for goods in Class 9 in opposition proceedings brought by Harman International Industries, Inc.
Operative part of the judgment
The Court:
1. |
Sets aside the judgment of the Court of First Instance of the European Communities of 2 December 2008 in Case T-212/07 Harman International Industries v OHIM — Becker (Barbara Becker); |
2. |
Refers the case back to the General Court of the European Union; |
3. |
Reserves the costs. |