Source: EURLEX
Language: en
Format: md

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| 12.1.2015 | EN | Official Journal of the European Union | C 7/33 |

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Judgment of the General Court of 18 November 2014 — Repsol v OHIM — Adell Argiles (ELECTROLINERA)

(Case T-308/13)[(1)](#ntr1-C_2015007EN.01003301-E0001)

((Community trade mark - Opposition proceedings - Application for Community word mark ELECTROLINERA - Earlier national word mark ELECTROLINERA - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 007/36)

Language of the case: Spanish

Parties

Applicant: Repsol, SA (Madrid, Spain) (represented by: J.-B. Devaureix and L. Montoya Terán, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo and V. Melgar, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Josep María Adell Argiles (Madrid, Spain) (represented by: initially M. García Jiménez and A. Zuazo Araluze, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 7 March 2013 (Case R 1565/2012-1), relating to opposition proceedings between Mr Josep María Adell Argiles and Repsol, SA.

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 7 March 2013 (Case R 1565/2012-1), relating to opposition proceedings between Mr Josep María Adell Argiles and Repsol, SA. In so far as concerns the ‘industrial oils and greases; lubricants; fuels (including motor spirit)’ in Class 4 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended; |

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| 2. | Dismisses the action as to the remainder; |

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| 3. | Orders each party to bear its own costs. |

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