Source: EURLEX
Language: en
Format: md

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| 11.8.2012 | EN | Official Journal of the European Union | C 243/14 |

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Judgment of the General Court of 28 June 2012 — I Marchi Italiani and Basile v OHIM — Osra (B. Antonio Basile 1952)

(Case T-133/09)[(1)](#ntr1-C_2012243EN.01001401-E0001)

(Community trade mark - Invalidity proceedings - Community figurative mark B. Antonio Basile 1952 - Earlier national word mark BASILE - Relative ground for refusal - Limitation in consequence of acquiescence - Article 53(2) of Regulation (EC) No 40/94 (now Article 54(2) of Regulation (EC) No 207/2009) - Likelihood of confusion - Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009)

2012/C 243/25

Language of the case: Italian

Parties

Applicants: I Marchi Italiani Srl (Naples, Italy) and Antonio Basile (Giugliano in Campania, Italy); (represented by: G. Militerni, L. Militerni and F. Gimmelli, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Osra SA (Rovereta, Saint-Marin) (represented by: A. Masetti Zannini de Concina, R. Cartella and G. Petrocchi, lawyers)

Re:

Action brought against the Decision of the Second Board of Appeal of OHIM of 9 January 2009 (Case R 502/2008-2) relating to invalidity proceedings between Osra SA and M. Antonio Basile.

Operative part of the judgment

The Court:

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| 1. | Removes the name of the second applicant, Antonio Basile, from the list of applicants in Case T-133/09; |

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| 2. | Dismisses the action; |

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| 3. | Orders I Marchi Italiani Srl to pay the costs, other than those relating to the discontinuance; |

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| 4. | Orders Mr Basile to bear his own costs. |

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