# C_2015026EN.01000701.xml

| 26.1.2015 | EN | Official Journal of the European Union | C 26/7 |
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26.1.2015

EN

Official Journal of the European Union

C 26/7

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Judgment of the Court (Eighth Chamber) of 20 November 2014 — Intra-Presse v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Golden Balls Ltd

(Joined Cases C-581/13 P and C 582/13 P) (1)

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((Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Article 8(5) - Word mark GOLDEN BALLS - Opposition by the proprietor of the earlier Community word mark BALLON D’OR - Relevant public - Similarity of the signs - Likelihood of confusion))

(2015/C 026/08)

Language of the case: English

Parties

Parties

Appellant: Intra-Presse (represented by: P. Péters, advocaat, and T. de Haan, avocat)

Appellant:

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent), Golden Balls Ltd (represented by: M. Edenborough QC)

Other parties to the proceedings:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Sets aside the judgments of the General Court of the European Union in Golden Balls v OHIM — Intra-Presse (GOLDEN BALLS) (T-448/11, EU:T:2013:456) and in Golden Balls v OHIM — Intra-Presse (GOLDEN BALLS) (T-437/11, EU:T:2013:441) to the extent that they dismissed the two applications for annulment submitted by Intra-Presse SAS; |
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1.

Sets aside the judgments of the General Court of the European Union in Golden Balls v OHIM — Intra-Presse (GOLDEN BALLS) (T-448/11, EU:T:2013:456) and in Golden Balls v OHIM — Intra-Presse (GOLDEN BALLS) (T-437/11, EU:T:2013:441) to the extent that they dismissed the two applications for annulment submitted by Intra-Presse SAS;

| 2. | Dismisses the appeals as to the remainder; |
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2.

Dismisses the appeals as to the remainder;

| 3. | Annuls point 2 of the operative part of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 June 2011 (Case R 1432/2010-1) and point 2 of the operative part of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 May 2011 (Case R 1310/2010-1); |
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3.

Annuls point 2 of the operative part of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 June 2011 (Case R 1432/2010-1) and point 2 of the operative part of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 May 2011 (Case R 1310/2010-1);

| 4. | Orders Intra-Presse SAS, the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Golden Balls Ltd to bear their own costs at first instance and on appeal. |
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4.

Orders Intra-Presse SAS, the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Golden Balls Ltd to bear their own costs at first instance and on appeal.

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(1)  OJ C 24, 25.1.2014.

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