CELEX: 62011TJ0541
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

)
…
Forms of order sought
Having regard to its answers to the written questions put to it by the Court and to the information that it provided at the hearing, of which formal note was taken, the applicant claims that the Court should:
—
alter the contested decision by upholding its opposition in its entirety;
—
in the alternative, annul the contested decision in so far as the Board of Appeal did not uphold its opposition;
—
order OHIM and the intervener to pay the costs relating to the present proceedings, as well as to the opposition and appeal proceedings before OHIM.
OHIM and the intervener contend that the Court should:
—
dismiss the action;
—
order the applicant to pay the costs.
…
Costs
Under Article 87(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. Since the applicant has been unsuccessful, it must be ordered to pay the costs, in accordance with the forms of order sought by OHIM and the intervener.
Article 90(a) of the Rules of Procedures provides that where a party has caused the General Court to incur avoidable costs, the General Court may order that party to refund them.
In accordance with that provision, the intervener must be ordered to refund the interpreting costs occasioned by his request to be allowed to plead in Portuguese at the hearing, which he did not attend. Those costs, which were in fact borne by the Court of Justice of the European Union, and consist of the remuneration, daily allowance, travel and accommodation expenses of the free-lance interpreter used by the General Court, amount to EUR 1 807.48 in total.

On those grounds,
THE GENERAL COURT (Sixth Chamber)
hereby:

1.
Dismisses the action;

2.
Orders Fundação Calouste Gulbenkian to pay the costs;

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.

Frimodt Nielsen
Dehousse
Collins
Delivered in open court in Luxembourg on 26 June 2014.
[Signatures]
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)	Language of the case: English.
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)	Only the paragraphs of the present judgment which the Court considers it appropriate to publish are reproduced here.