Judgment — ECLI:EU:T:2014:25
Date: 2014-01-23
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court of 23 January 2014 – Sunrider v OHIM – Nannerl (SUN FRESH) (Case T-221/12) 1 (Community trade mark – Opposition proceedings – Application for the Community word mark SUN FRESH – Earlier Community, Benelux and national word and figurative marks SUNNY FRESH, SUNRIDER SUNNY FRESH and SUNNYFRESH – Relative ground for refusal – Proof of the genuine use of earlier marks – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009) Language of the case: English Parties Applicant: The Sunrider Corporation (Torrance, California, United States) (represented by: N. Dontas and E. Markakis, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent) Other party to the proceedings before the Board of Appeal of OHIM: Nannerl GmbH & Co. KG (Anthering bei Salzburg, Austria) (represented by: A. Thünken, lawyer) Re: Action brought against the decision of the Fourth Board of Appeal of OHIM of 26 March 2012 (Case R 2401/2010-4), relating to opposition proceedings between The Sunrider Corporation and Nannerl GmbH & Co. KG. Operative part of the judgment The Court: Dismisses the action; Orders The Sunrider Corporation to pay the costs. ____________ 1 OJ C 217, 21.7.2012.