Source: EURLEX
Language: en
Format: md

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| 24.11.2014 | EN | Official Journal of the European Union | C 421/32 |

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Judgment of the General Court of 16 October 2014 — Novartis v OHIM — Tenimenti Angelini (LINEX)

(Case T-444/12)[(1)](#ntr1-C_2014421EN.01003202-E0001)

((Community trade mark - Opposition proceedings - Application for Community word mark LINEX - Earlier national word mark LINES PERLA - Relative ground for refusal - Likelihood of confusion - Article 76(1), in fine, of Regulation (EC) No 207/2009 - Article 8(1)(b) of Regulation No 207/2009))

2014/C 421/44

Language of the case: English

Parties

Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Douglas, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Tenimenti Angelini SpA (Montalcino, Italy) (represented by: R. Almaraz Palmero, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 6 August 2012 (Case R 414/2011-4), relating to opposition proceedings between Tenimenti Angelini SpA and Novartis AG.

Operative part of the judgment

The Court:

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| 1) | Annuls the decision of the Fourth Board of Appeal of the Office for the Harmonisation of the Internal Market (Trade Marks and Designs) (OHIM) of 6 August 2012 (Case R 414/2011-4); |

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| 2) | Orders OHIM to bear its own costs and pay those incurred by the applicant; |

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| 3) | Orders the intervener to bear its own costs. |

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