Source: EURLEX
Language: en
Format: md

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| 10.6.2014 | EN | Official Journal of the European Union | C 175/38 |

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Judgment of the General Court of 9 April 2014 — Elite Licensing v OHIM — Aguas De Mondariz Fuente del Val (elite BY MONDARIZ)

(Case T-386/12)[(1)](#ntr1-C_2014175EN.01003801-E0001)

((Community trade mark - Opposition proceedings - Application for a Community figurative mark elite BY MONDARIZ - Earlier Community and international figurative marks ELITE - Language of appeal proceedings - Time-limits - Admissibility of an appeal to the Board of Appeal - Rule 48(2), Rule 49(1) and Rule 96(1) of Regulation (EC) No 2868/95 - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 - Damage to reputation - Article 8(5) of Regulation No 207/2009))

2014/C 175/50

Language of the case: Spanish

Parties

Applicant: Elite Licensing Company SA (Fribourg, Switzerland) (represented by: J. Albrecht, lawyer)

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: Aguas De Mondariz Fuente del Val, SL (Mondariz, Spain) (represented by: T. Andrade Boué, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 6 June 2012 (Case R 9/2011-5), relating to invalidity proceedings between Elite Licensing Company SA and Aguas de Mondariz Fuente del Val, SL.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 June 2012 (Case R 9/2011-5), relating to invalidity proceedings between Elite Licensing Company SA and Aguas de Mondariz Fuente del Val, SL; |

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| 2. | Orders OHIM to pay, in addition to its own costs, the costs incurred by Elite Licensing Company; |

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| 3. | Orders Aguas de Mondariz Fuente del Val to pay its own costs. |

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