Order — ECLI:EU:C:2013:317
Date: 2013-05-16
Language of the case: Italian
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Italy

Order of the Court (Sixth Chamber) of 16 May 2013 – Arav Holding Srl v H.Eich Srl, Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Case C-379/12 P) 1 Appeal – Community trade mark – Word mark H.EICH – Opposition by the proprietor of the earlier figurative mark H- SILVIAN HEACH – Refusal of registration Language of the case: Italian Parties Appellant: Arav Holding Srl (represented by: R. Bocchini, avvocato) Other parties to the proceedings: H.Eich Srl (represented by: D. Mainini, T. Rubin, A. Masetti Zannini de Concina, M. Bucarelli and G. Petrocchi, avvocati), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, acting as Agent) Re: Appeal brought against the judgment of the General Court (Second Chamber) of 19 June 2012 in Case T-557/10 H.Eich v OHIM – Arav, by which the General Court annulled the decision of the First Board of Appeal of OHIM of 9 September 2010 relating to opposition proceedings between Arav Holding Srl and H.Eich Srl (Case R 1411/2009-1) – Likelihood of confusion - Incorrect appraisal of the similarity of the marks at issue – Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) Operative part of the order The appeal is dismissed. Arav Holding Srl shall bear the costs. ____________ 1 OJ C 303, 6.10.2012