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11.8.2014 |
EN |
Official Journal of the European Union |
C 261/23 |
Judgment of the General Court of 26 June 2014 — Fundação Calouste Gulbenkian v OHIM — Gulbenkian (GULBENKIAN)
(Case T-541/11) (1)
((Community trade mark - Opposition proceedings - Application for the Community word mark GULBENKIAN - Earlier well-known national mark, company name and national logos Fundação Calouste Gulbenkian - Relative grounds for refusal - Evidence of the existence of the earlier rights - Article 8(1)(b), (4) and (5) of Regulation (EC) No 207/2009 - Article 90(a) of the Rules of Procedure))
2014/C 261/45
Language of the case: English
Parties
Applicant: Fundação Calouste Gulbenkian (Lisbon, Portugal) (represented by: G. Marín Raigal, P. López Ronda and G. Macias Bonilla, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Micael Gulbenkian (Oeiras, Portugal) (represented by: J. Pimenta and A. Sebastião, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 15 July 2011 (Case R 1436/2010-2) relating to opposition proceedings between Fundação Calouste Gulbenkian and Mr Micael Gulbenkian.
Operative part of the judgment
The Court:
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1) |
Dismisses the action; |
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2) |
Orders Fundação Calouste Gulbenkian to pay the costs; |
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3) |
Orders Mr Micael Gulbenkian to refund to the Court of Justice of the European Union the sum of EUR 1 807,48 in accordance with Article 90(a) of the Rules of Procedure of the General Court. |