Judgment — ECLI:EU:T:2011:613
Date: 2011-10-20
Language of the case: English
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court of 20 October 2011 - Scatizza v OHIM - Jacinto (Horse Couture) (Case T-238/10)  (Community trade mark - Opposition proceedings - Application for registration of the Community figurative mark Horse Couture - Earlier national figurative mark HORSE - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)) Language of the case: English Parties Applicant: Stephanie Scatizza (Breganzona, Switzerland) (represented by: P. Perani and P. Pozzi, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent) Other party to the proceedings before the Board of Appeal of OHIM: Manuel Jacinto, Lda (São Paio de Oleiros, Portugal) Re: Action brought against the decision of the Second Board of Appeal of OHIM of 5 March 2010 (Case R 723/2009-2) relating to opposition proceedings between Manuel Jacinto, Lda and Stephanie Scatizza. Operative part of the judgment The Court: Dismisses the action; Orders Stephanie Scatizza to pay the costs. ____________ 1 - OJ C 209, 31.7.2010.