Judgment — ECLI:EU:T:2016:84
Date: 2016-02-18
Language of the case: German
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court of 18 February 2016 — Penny-Markt v OHIM — Boquoi Handels (B!O) (Case T-364/14) 1 (Community trade mark — Invalidity proceedings — Community figurative mark B!O — Earlier Community word mark bo — Relative ground for refusal — Article 53(1)(a) and Article 8(1)(b) of Regulation (EC) No 207/2009) Language of the case: German Parties Applicant: Penny-Markt GmbH (Cologne, Germany) (represented by: M. Kinkeldey, S. Brandstätter and A. Wagner, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially, A. Pohlmann, subsequently, S. Hanne, and lastly, A. Schifko, acting as Agents) Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Boquoi Handels OHG (Straelen, Germany) (represented by: P. Mels, lawyer) Re: Action brought against the decision of the Fourth Board of Appeal of OHIM of 21 March 2014 (R 1201/2013-4), relating to invalidity proceedings between Boquoi Handels OHG and Penny-Markt GmbH Operative part of the judgment The Court: 1. dismisses the action; 2. orders Penny-Markt GmbH to pay the costs. ____________ 1 OJ C 261, 11.8.2014.