Source: EURLEX
Language: en
Format: md

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| 29.3.2014 | EN | Official Journal of the European Union | C 93/22 |

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Judgment of the General Court of 13 February 2014 — Demon International v OHIM — Big Line (DEMON)

(Case T-380/12)[(1)](#ntr1-C_2014093EN.01002203-E0001)

(Community trade mark - Invalidity proceedings - Figurative Community trade mark DEMON - Prior international word mark DEMON - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Similarity of the signs - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009)

2014/C 93/38

Language of the case: Italian

Parties

Applicant: Demon International (Orem, Utah, United States) (represented by: T. Krüger, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: F. Mattina, and subsequently by: L. Rampini, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Big Line Sas di Graziani Lorenzo (Thiene, Italy) (represented by: B. Osti, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 June 2012 (Case R 1845/2011-4) concerning invalidity proceedings between Demon International, LC and Big Line Sas di Graziani Lorenzo.

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 Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 20 June 2012 (Case R 1845/2001-4) insofar as it annulled in part the decision of the Cancellation Division and rejected the application for a declaration of invalidity of the Community trade mark No 6 375 398 concerning ‘ski masks’ and ‘snowboard masks’; |

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| 2. | Dismisses the remainder of the action; |

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| 3. | Orders Demon International, LC and Big Line Sas di Graziani Lorenzo to bear their own costs, including those incurred before the Board of Appeal; |

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| 4. | Orders OHIM to bear its own costs. |

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