22.10.2011   

EN

Official Journal of the European Union

C 311/35


Judgment of the General Court of 14 September 2011 — Olive Line International v OHIM — Knopf (O-live)

(Case T-485/07) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark O-live - Earlier national trade name Olive line - Relative ground for refusal - Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009) - Right to prohibit use of a subsequent mark - Likelihood of confusion - Article 7 of the Spanish Trade Mark Law and Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009))

2011/C 311/62

Language of the case: German

Parties

Applicant: Olive Line International, SL (Madrid, Spain) (represented by: P. Koch Moreno, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner and B. Schmidt, agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Reinhard Knopf (Malsch, Germany) (represented by: W. Weber, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 26 September 2007 (Case R 1478/2006-2) in opposition proceedings between Olive Line International, SL, and Mr Reinhard Knopf.

Operative part of the judgment

The Court:

1.

annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 September 2007 (Case R 1478/2006-2);

2.

orders OHIM to pay the costs;

3.

orders Mr Reinhard Knopf to bear his own costs.


(1)  OJ C 51, 23.2.2008