ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 421/37

Judgment of the General Court of 16 October 2014 — Junited Autoglas Deutschland v OHIM — Belron Hungary (United Autoglas)

(Case T-297/13) (1)

((Community trade mark - Opposition proceedings - Application for the Community word mark United Autoglas - Earlier national figurative mark AUTOGLASS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

2014/C 421/51

Language of the case: English

Parties

Applicant: Junited Autoglas Deutschland GmbH & Co. KG (Cologne, Germany) (represented by: C. Weil, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Rajh and J. Crespo Carrillo, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Belron Hungary Kft — Zug Branch (Zug, Switzerland) (represented by: L. Christy, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 April 2013 (Case R 206/2012-2) concerning opposition proceedings between Belron Hungary Kft — Zug Branch and Junited Autoglas Deutschland GmbH & Co. KG.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Junited Autoglas Deutschland GmbH & Co. KG to pay the costs.

(1) OJ C 215, 27.7.2013.
Judgment of the General Court of 26 September 2014 — Romonta v Commission

(Case T-614/13) (1)

((Environment - Directive 2003/87/EC - System of exchange of greenhouse gas emission allowances - Transitional rules concerning the free allocation of greenhouse gas emission allowances from 2013 - Decision 2011/278/EU - National implementing measures submitted by Germany - Hardship clause - Freedom to choose an occupation and to conduct a business - Property rights - Proportionality))

(2014/C 395/58)

Language of the case: German

Parties

Applicant: Romonta GmbH (Seegebiet Mansfelder Land, Germany) (represented by: I. Zenke, M.-Y. Vollmer, C. Telschow and A. Schulze, lawyers)

Defendant: European Commission (represented by: E. White, C. Hermes and K. Herrmann, acting as Agents)

Re:

Application for annulment of Commission Decision 2013/448/EU of 5 September 2013 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council (OJ 2013 L 240, p. 27), in so far as Article 1(1) of that decision refuses to grant the applicant the supplementary quotas requested for the third trading period of the 2013 to 2020 emissions trading on the basis of the hardship clause under Paragraph 9(5) of the Treibhausgas-Emissionshandelsgesetz (German Law on greenhouse gas emissions trading) of 21 July 2011.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Romonta GmbH to pay the costs of the main proceedings and the interim proceedings.

(1) OJ C 31, 1.2.2014.
Official Journal of the European Union

Judgment of the General Court of 26 November 2014 — Aldi Einkauf v OHIM — Alifoods (Alifoods)

(Case T-240/13) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Alifoods - Earlier international and Community word marks ALDI - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 - Rule 19(2)(a)(ii) of Regulation (EC) No 2868/95)

(2015/C 016/55)

Language of the case: German

Parties

Applicant: Aldi Einkauf GmbH & Co. OHG (Essen, Germany) (represented by: N. Lützenrath, U. Rademacher, L. Kolks and C. Fürsen, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Pohlmann, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Alifoods, SA (Alicante, Spain)

Re:

Action against the decision of the Fourth Board of Appeal of OHIM of 25 February 2013 (Case R 407/2012-4), relating to opposition proceedings between Aldi Einkauf GmbH & Co. OHG and Alifoods, SA.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Aldi Einkauf GmbH & Co. OHG to pay the costs.

(1) OJ C 207, 20.7.2013.
EN Official Journal of the European Union C 462/23

Judgment of the General Court of 12 November 2014 — Murnauer Markenvertrieb v OHIM — Healing Herbs (NOTFALL)

(Case T-188/13) (1)

((Community trade mark - Invalidity proceedings - Community word mark NOTFALL - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 52(1)(a) and Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Equal treatment))

(2014/C 462/36)

Language of the case: German

Parties

Applicant: Murnauer Markenvertrieb GmbH (Egelsbach, Germany) (represented by: F. Traub and H. Daniel, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Poch, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Healing Herbs Ltd (Walterstone, United Kingdom) (represented by: R. Price, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 4 February 2013 (Case R 132/2012-4) relating to invalidity proceedings between Healing Herbs Ltd and Murnauer Markenvertrieb GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Murnauer Markenvertrieb GmbH to pay its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and by Healing Herbs Ltd.

(1) OJ C 156 of 1.6.2013.
EN Official Journal of the European Union C 46/52

Judgment of the General Court of 11 December 2014 — Monster Energy v OHIM (REHABILITATE)

(Case T-712/13) (1)

((Community trade mark - Application for Community word mark REHABILITATE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009))

(2015/C 046/66)

Language of the case: English

Parties

Applicant: Monster Energy Company (Corona, California, United States) (represented by: P. Brownlow, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 17 October 2013 (Case R 609/2013-1), concerning an application for registration of the word sign REHABILITATE as a Community trade mark.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Monster Energy Company to pay the costs.

(1) OJ C 61, 1.3.2014.
EN Official Journal of the European Union C 34/36

Judgment of the General Court of 9 December 2014 — Capella v OHIM — Oribay Mirror Buttons (ORIBAY)

(Case T-307/13) (1)

((Community trade mark - Revocation proceedings - Community figurative mark ORIBAY ORIginal Buttons for Automotive Yndustry - Admissibility of the application for revocation))

(2015/C 034/42)

Language of the case: Spanish

Parties

Applicant: Capella EOOD (Sofia, Bulgaria) (represented: initially by M. Holtorf, subsequently by A. Theis, and lastly by F. Henkel, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by G. Schneider, and subsequently by J. Crespo Carrillo, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Oribay Mirror Buttons, SL (San Sebastián, Spain) (represented by: A. Velázquez Ibañez, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 22 March 2013 (Case R 164/2012-4), relating to revocation proceedings between Capella EOOD and Oribay Mirror Buttons, SL.

Operative part of the judgment

The Court:

1) Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 March 2013 (Case R 164/2012-4);

2) Declares that OHIM is to bear its own costs and orders it to pay the costs incurred by Capella EOOD;

3) Declares that Oribay Mirror Buttons, SL is to bear its own costs.

(1) OJ C 207, 20.7.2013.
EN Official Journal of the European Union C 89/19

Judgment of the General Court of 4 February 2015 — KSR v OHIM — Lampenwelt (Moon)

(Case T-374/13) (1)

((Community trade mark - Proceedings seeking a declaration of invalidity - Community word mark Moon - Absolute ground for invalidity - Descriptive nature - Lack of distinctiveness - Article 52(1)(a) and Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))

(2015/C 089/21)

Language of the case: German

Parties

Applicant: KSR Kunststoff Rotation GmbH (Wehr, Germany) (represented by: H. Börjes-Pestalozza and M. Nielen, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: A. Pohlmann, subsequently by: D. Walicka, and finally by: A. Schifko, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Lampenwelt GmbH & Co. KG (Schlitz, Germany) (represented by: G. Rother, P. Mes, C. Graf von der Groeben, J. Künzel, J. Bühling, D. Jestaedt, M. Bergermann, A. Kramer, J. Vogtmeier and A. Verhauwen, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 13 May 2013 (Case R 676/2012-4) concerning invalidity proceedings between Lampenwelt GmbH & Co. KG and KSR Kunststoff Rotation GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders KSR Kunststoff Rotation GmbH to pay the costs.

(1) OJ C 274, 21.9.2013.
Official Journal of the European Union

Judgment of the General Court of 20 January 2015 — Aic v OHIM — ACV Manufacturing (Heat exchanger inserts)

(Case T-617/13) (1)

(Community design - Invalidity proceedings - Registered Community design representing a heat exchanger insert - Ground for invalidity - Lack of visibility of part of a complex product - Article 4(2) and Article 25(1)(b) of Regulation (EC) No 6/2002)

(2015/C 073/36)

Language of the case: English

Parties

Applicant: Aic S.A. (Gdynia, Poland) (represented by: J. Radłowski, Legal Adviser)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: ACV Manufacturing (Seneffe, Belgium)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 10 September 2013 (Case R 688/2012-3), relating to invalidity proceedings between ACV Manufacturing and Aic S.A.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Aic S.A. to pay the costs.

(1) OJ C 24, 25.1.2014.
EN Official Journal of the European Union C 127/25

Judgment of the General Court of 4 March 2015 — FSA v OHIM — Motokit Veículos e Acessórios (FSA K-FORCE)

(Case T-558/13) (1)

((Community trade mark - Invalidity proceedings - Community word mark FSA K-FORCE - Earlier Community word mark FORCE-X - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009))

(2015/C 127/34)

Language of the case: English

Parties

Applicant: FSA Srl (Busnago, Italy) (represented by: M. Locatelli and M. Cartella, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Motokit Veículos e Acessórios, SA (Vagos, Portugal)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 5 August 2013 (Case R 436/2012-2), relating to invalidity proceedings between Motokit Veículos e Acessórios, SA and FSA Srl.

Operative part of the judgment

The Court:

1) Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 5 August 2013 (Case R 436/2012-2);

2) Orders OHIM to pay the costs.

(1) OJ C 24, 25.1.2014.
EN Official Journal of the European Union C 96/16

Judgment of the General Court of 10 February 2015 — Innovation First v OHIM (NANO)

(Case T-379/13) (1)

((Community trade mark - Application for Community word mark NANO - Right to be heard - Obligation to state reasons - Examination of the facts of the Office’s own motion - Absolute ground for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EC) No 207/2009))

(2015/C 096/20)

Language of the case: English

Parties

Applicant: Innovation First, Inc. (Greenville, South Carolina, United States) (represented by: J. Zecher, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Poch, Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 19 April 2013 (Case R 1271/2012-1), relating to an application for registration of the word sign NANO as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Innovation First, Inc. to bear the costs.

(1) OJ C 260, 7.9.2013.
EN Official Journal of the European Union C 198/31

Judgment of the General Court of 29 April 2015 — National Iranian Gas Company v Council

(Case T-9/13) (1)

((Common Foreign and Security Policy - Restrictive measures taken against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Objection of illegality - Error of law - Proportionality - Right to property - Jurisdiction of the Council - Obligation to state reasons - Rights of the defence - Review of the restrictive measures adopted - Right to effective judicial protection - Error of assessment))

(2015/C 198/41)

Language of the case: French

Parties

Applicant: The National Iranian Gas Company (Teheran, Iran) (represented by: E. Glaser and S. Perrotet, lawyers)

Defendant: Council of the European Union (represented by: A. Vitro and M. Bishop, Agents)

Re:

First, application for partial annulment of Article 1, point 8, of Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 282, p. 58) and, secondly, application for annulment of Decision 2012/635, of Council Implementing Regulation (EU) No 945/2012 of 15 October 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2012 L 282, p. 16), and of the decision communicated by the Council’s letter of 14 March 2014, in so far as the inclusion of the applicant’s name in Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39), and in Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1) is concerned.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the National Iranian Gas Company to pay the costs.

(1) OJ C 79, 16.3.2013.
EN Official Journal of the European Union C 146/37

Judgment of the General Court of 18 March 2015 — Intermark v OHIM — Coca-Cola (RIENERGY Cola)

(Case T-384/13) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark RIENERGY Cola - Earlier Community figurative mark Coca-Cola and earlier Community word mark COCA-COLA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 146/50)

Language of the case: English

Parties

Applicant: Intermark Srl (Stei, Romania) (represented initially by Á. László, and subsequently by B. Bozóki, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by A. Pohlmann, and subsequently by M. Fischer, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: The Coca-Cola Company (Atlanta, Georgia, United States) (represented by: L. Alonso Domingo, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 6 May 2013 (Case R 1116/2012-2), relating to opposition proceedings between The Coca-Cola Company and Intermark Srl.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Intermark Srl to pay the costs.

(1) OJ C 260, 7.9.2013.
EN Official Journal of the European Union C 221/11

Judgment of the General Court of 21 May 2015 — Nutrexpa v OHIM — Kraft Foods Italia Intellectual Property (Cuétara MARĺA ORO)

(Case T-271/13) (1)

((Community mark - Opposition proceedings - Application for Community figurative mark Cuétara MARÍA ORO - Earlier Community and national figurative marks ORO - Partial refusal of registration - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 221/14)

Language of the case: Spanish

Parties

Applicant: Nutrexpa, SL (Barcelona, Spain) (represented by: J. Grau Mora, M. Ferrándiz Avendaño and Y. Sastre Canet, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: Ó. Mondéjar Ortuño and V. Melgar, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Kraft Foods Italia Intellectual Property Srl (Milan, Italy) (represented by: A. Masetti Zannini de Concina, M. Bucarelli and G. Petrocchi, lawyers)

Re

Action brought against the decision of the First Board of Appeal of OHIM of 18 March 2013 (case R 1285/2012-1), relating to opposition proceedings between Kraft Foods Italia Intellectual Property Srl and Nutrexpa, SL.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Nutrexpa, SL to pay the costs.

(1) OJ C 215, 27.7.2013.
EN Official Journal of the European Union C 205/30

Judgment of the General Court of 5 May 2015 — Lidl Stiftung v OHIM — Horno del Espinar (Castello)

(Case T-715/13) (1)

((Community trade mark - Opposition proceedings - Application for the figurative Community mark Castello - Earlier national figurative mark ‘Castelló’ - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation No (EC) 207/2009 - Right to be heard - Second sentence of Article 75 of Regulation No 207/2009))

(2015/C 205/40)

Language of the case: English

Parties

Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: M. Wolter, M. Kefferpütz and A. Marx, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Horno del Espinar, S L (El Espinar, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 1 October 2013 (Case R 2338/2012-2), concerning opposition proceedings between Horno del Espinar, S L and Lidl Stiftung & Co. KG.

Operative part of the judgment

The Court:

1) Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 1 October 2013 (Case R 2338/2012-2), concerning opposition proceedings between Horno del Espinar, S L and Lidl Stiftung & Co. KG;

2) Orders OHIM to pay the costs.

(1) OJ C 78, 15.3.2014.
EN Official Journal of the European Union C 262/21

Judgment of the General Court of 16 June 2015 — H. P. Gauff Ingenieure v OHIM (Gauff THE ENGINEERS WITH THE BROADER VIEW)

(Case T-586/13) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark Gauff THE ENGINEERS WITH THE BROADER VIEW - Earlier national and Community word and figurative marks GAUFF - Relative grounds for refusal - Partial refusal to register - Application for restitutio in integrum - Article 81 of Regulation (EC) No 207/2009))

(2015/C 262/27)

Language of the case: German

Parties

Applicant: H. P. Gauff Ingenieure GmbH & Co. KG — JBG (Nuremberg, Germany) (represented by: G. Schneider-Rothhaar, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Schifko, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Gauff GmbH & Co. Engineering KG (Nuremberg, Germany) (represented by: A. Molnar, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 5 September 2013 (Case R 118/2013-1) relating to an application for restitutio in integrum.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders H.P. Gauff Ingenieure GmbH & Co. KG — JBG to bear its own costs as well as those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);

3. Orders Gauff GmbH & Co. Engineering KG to bear its own costs.

(1) OJ C 24, 25.1.2014.
EN Official Journal of the European Union C 236/33

Judgment of the General Court of 4 June 2015 — Stayer Ibérica v OHIM — Korporaciya ‘Masternet’ (STAYER)

(Case T-254/13) (1)

((Community trade mark - Invalidity proceedings - Community figurative mark STAYER - Earlier international word mark STAYER - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009))

(2015/C 236/44)

Language of the case: English

Parties

Applicant: Stayer Ibérica, SA (Pinto, Spain) (represented by: S. Rizzo, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: ZAO Korporaciya ‘Masternet’ (Moscow, Russia) (represented by: N. Bürglen, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 4 March 2013 (Case R 2196/2011-2), concerning invalidity proceedings between ZAO Korporaciya ‘Masternet’ and Stayer Ibérica, SA.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 March 2013 (Case R 2196/2011-2) to the extent that it has declared the Community figurative mark STAYER invalid in respect of ‘parts of cutting and polishing diamond machines; bits and cutting wheels for the following industries: marble, granite, stone, clay, slabs, tiles and brick, and, in general terms, cutting tools as parts of the equipment included in Class 7’ in Class 7 and ‘hand held abrasive items (wheels and grinding wheels)’ in Class 8;

2. Dismisses the action as to the remainder;

3. Orders OHIM, Stayer Ibérica, SA and ZAO Korporaciya ‘Masternet’ to bear their own costs.

(1) OJ C 207, 20.7.2013.