Source: EURLEX
Language: en
Format: md

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| 3.8.2013 | EN | Official Journal of the European Union | C 225/49 |

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Order of the Court (Sixth Chamber) of 6 June 2013 — I Marchi Italiani Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Osra SA

(Case C-381/12 P)[(1)](#ntr1-C_2013225EN.01004901-E0001)

(Appeal - Community trade mark - Community mark B. Antonio Basile 1952 - Earlier national mark BASILE - Application for a declaration of invalidity - Limitation in consequence of acquiescence - Regulation (EC) No 40/94 - Article 53(2) - Relative ground for refusal - Article 8(1) of that regulation - Likelihood of confusion)

2013/C 225/86

Language of the case: Italian

Parties

Appellant: I Marchi Italiani Srl (represented by: L. Militerni and G. Militerni, avvocati)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent), Osra SA

Re:

Appeal lodged against the judgment of the General Court (Sixth Chamber) of 28 June 2012 in Case T-133/09 I Marchi Italiani and Basile v OHIM — Osra (B. Antonio Basile 1952) by which that court dismissed an action brought against the decision of the Second Board of Appeal of OHIM of 9 January 2009 (Case R 502/2008-2), concerning invalidity proceedings between Osra SA and I Marchi Italiani Srl — Misapplication of Article 135 of the Rules of Procedure of the General Court — Infringement of the principle of good faith — Limitation in consequence of acquiescence — Prerequisites for the limitation period to run — Likelihood of confusion — Incorrect assessment of the similarity of the marks at issue

Operative part of the order

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| 1. | The appeal is dismissed. |

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| 2. | I Marchi Italiani Srl shall pay the costs. |

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