Source: EURLEX
Language: en
Format: md

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| 1.9.2014 | EN | Official Journal of the European Union | C 292/40 |

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Judgment of the General Court of 16 July 2014 — Erreà Sport v OHIM — Facchinelli (ANTONIO BACIONE)

(Case T-36/13)[(1)](#ntr1-C_2014292EN.01004001-E0001)

((Community trade mark - Opposition proceedings - Application for Community figurative mark ANTONIO BACIONE - Earlier Community figurative mark erreà and earlier national figurative mark representing two overlapping lozenges - Relative grounds for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Unfair advantage taken of the distinctive character or the repute of the earlier mark - Article 8(5) of Regulation No 207/2009))

2014/C 292/49

Language of the case: Italian

Parties

Applicant: Erreà Sport SpA (Torrile, Italy) (represented by: D. Caneva and G. Fucci, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Antonio Facchinelli (Dalang, China)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 24 October 2012 (Case R 1561/2011-1) concerning opposition proceedings between Erreà Sport SpA and Antonio Facchinelli.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Erreà Sport SpA to pay the costs. |

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