Order — ECLI:EU:C:2012:626
Date: 2012-10-10
Language of the case: French
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Germany

Order of the Court of 10 October 2012 - ara AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Allrounder SARL (Case C-611/11 P) 2 (Appeal - Community trade mark - Regulation (EC) No 207/2009 - Article 8(1)(b) - International registration designating the European Community - Figurative mark A with two triangular motifs - Earlier national word mark A - Relative ground for refusal - No likelihood of confusion) Language of the case: French Parties Appellant: ara AG (represented by: M. Gail, Rechtsanwalt) Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent), Allrounder SARL (represented by: N. Boespflug, avocat) Re: Appeal brought against the judgment of the General Court (Seventh Chamber) of 22 September 2011 in Case T-174/10 ara v OHIM - Allrounder (A with two triangular motifs), by which the General Court dismissed the action brought against the decision of the First Board of Appeal of OHIM of 26 January 2010 (Case R 481/2009-1) concerning opposition proceedings between ara and Allrounder - Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) - Figurative mark A with two triangular motifs - Opposition by the holder of the national word mark 'A' - Likelihood of confusion between two marks - Incorrect assessment of the distinctive character Operative part of the order The Court: Dismisses the appeal; Orders ara AG to pay the costs. ____________ 1 - 2 - OJ C 133, 5.5.2012.