Source: EURLEX
Language: en
Format: md

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| 28.7.2012 | EN | Official Journal of the European Union | C 227/19 |

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Judgment of the General Court of 19 June 2012 — H.Eich v OHIM — Arav (H.EICH)

(Case T-557/10)[(1)](#ntr1-C_2012227EN.01001902-E0001)

(Community trade mark - Opposition proceedings - Application for Community word mark H.EICH - Earlier national figurative mark H SILVIAN HEACH - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 227/29

Language of the case: Italian

Parties

Applicant: H.Eich Srl (Signa, Italy) (represented by: D. Mainini, T. Rubin, A. Masetti Zannini de Concina, M. Bucarelli, G. Petrocchi and B. Passaretti, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Mannucci and R. Pethke, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Arav Holding Srl (Palma Campania, Italy) (represented by: R. Bocchini, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 9 September 2010 (Case R 1411/2009-1) concerning opposition proceedings between Arav Holding Srl and H.Eich Srl.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 9 September 2010 (Case R 1411/2009-1); |

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| 2. | Orders OHIM to bear its own costs and pay those incurred by H.Eich Srl in the proceedings before the General Court; |

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| 3. | Orders OHIM to pay the costs necessarily incurred for the purposes of the proceedings before the First Board of Appeal; |

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| 4. | Orders Arav Holding Srl to bear its own costs. |

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