CELEX: 62009TJ0134
Community trade mark
Invalidity proceedings
Community figurative mark B. Antonio Basile 1952
Earlier national word mark BASILE
Relative ground for refusal
Limitation in consequence of acquiescence
Article 53(2) of Regulation (EC) No 40/94 (now Article 54(2) of Regulation (EC) No 207/2009)
Likelihood of confusion
Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009

ACTION brought against the Decision of the Second Board of Appeal of OHIM of 9 January 2009 (Case R 1436/2007-2) relating
to invalidity proceedings between Osra SA and Mr Antonio Basile.
Operative part
The Court:
1.
Removes the name of the second applicant, I Marchi Italiani Srl, from the list of applicants in Case T-134/09;
2.
Dismisses the action;
3.
Orders Mr Antonio Basile to pay the costs, other than those relating to the discontinuance;
4.
Orders I Marchi Italiani Srl to bear its own costs.