Source: EURLEX
Language: en
Format: md

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| 22.2.2014 | EN | Official Journal of the European Union | C 52/33 |

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Judgment of the General Court of 16 January 2014 — Aloe Vera of America v OHIM — Detimos (FOREVER)

(Case T-528/11)[(1)](#ntr1-C_2014052EN.01003302-E0001)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark FOREVER - Earlier national figurative mark 4 EVER - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009)

2014/C 52/60

Language of the case: English

Parties

Applicant: Aloe Vera of America, Inc. (Dallas, Texas, United States) (represented by: R. Niebel and F. Kerl, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Detimos — Gestão Imobiliária, SA (Carregado, Portugal) (represented by: V. Caires Soares, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 August 2011 (Case R 742/2010-4), relating to opposition proceedings between Diviril — Distribuidora de Viveres do Ribatejo, Lda and Aloe Vera of America, Inc.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Aloe Vera of America, Inc. to pay the costs, including those incurred by Detimos — Gestão Imobiliária, SA in the course of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). |

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