Judgment — ECLI:EU:T:2015:943
Date: 2015-12-08
Language of the case: Italian
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Italy

Action brought on 4 August 2014 — Giand v OHIM — Flamagas (FLAMINAIRE) (Case T-583/14) Language in which the application was lodged: Italian Parties Applicant: Giand Srl (Rimini, Italy) (represented by: F. Caricato, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Flamagas, SA (Barcelona, Spain) Form of order sought The applicant claims that the Court should: Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 June 2014 in Case R 2117/2011-4, finding that there is no likelihood of confusion between the marks referred to below; Refer the case back to OHIM so it can amend the decision on the substance of the case and register Community Trade Mark No 8 680 746 in respect of all the goods covered, without prejudice to those which are uncontested; Order OHIM to pay the costs of proceedings before the Opposition Division, Board of Appeal and General Court. Pleas in law and main arguments Applicant for a Community trade mark: Giand Srl Community trade mark concerned: the word mark ‘FLAMINAIRE’ for goods in Classes 16 and 34 — Community Trade Mark application No 8 680 746 Proprietor of the mark or sign cited in the opposition proceedings: Flamagas, SA Mark or sign cited in opposition: national and international word marks for goods in Classes 16 and 34 Decision of the Opposition Division: opposition rejected in part Decision of the Board of Appeal: appeal dismissed Pleas in law: Breach of the principle of ne bis in idem; Incorrect assessment of the likelihood of confusion; Incorrect assessment of the evidence.