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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:
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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); |
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2. |
orders OHIM to pay the costs; |
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3. |
orders Mr Reinhard Knopf to bear his own costs. |