Judgment — ECLI:EU:T:2013:82
Date: 2013-02-20
Language of the case: German
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Summary statement of pleas (Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 14, 15) 2. Community trade mark — Appeals procedure — Action before the EU judicature — Limitation of the list of products and services after the decision of the Board of Appeal — Consequences (Rules of Procedure of the General Court, Art. 135(4); Council Regulation No 207/2009, Art. 43(1)) (see paras 21-23) 3. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Figurative mark BERG and word mark Christian Berg (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 33, 40, 58, 62-66, 71) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 10 February 2011 (Case R 740/2010-1), relating to opposition proceedings between Anson’s Herrenhaus KG and Caventa AG. Operative part The Court: 1. Dismisses the action; 2. Orders Caventa AG to pay the costs.