Source: EURLEX
Language: en
Format: md

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| 8.3.2014 | EN | Official Journal of the European Union | C 71/16 |

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Judgment of the General Court of 28 January 2014 — Progust v OHIM — Sopralex & Vosmarques (IMPERIA)

(Case T-216/11) [(1)](#ntr1-C_2014071EN.01001601-E0001)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark IMPERIA - Earlier Community figurative mark IMPERIAL - Relative ground for refusal - Likelihood of confusion - Distinctive character of the earlier mark - Article 8(1)(b) of Regulation (EC) No 207/2009)

(2014/C 71/27)

Language of the case: Spanish

Parties

Applicant: Progust, SL (Girona, Spain) (represented by: initially M. E. López Camba, J. L. Rivas Zurdo, E. Seijo Veiguela and I. Munilla Muñoz, then J. L. Rivas Zurdo, E. Seijo Veiguela et I. Munilla Muñoz, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Sopralex & Vosmarques SA (Brussels, Belgium) (represented by: P. Maeyaert and V. Fossoul, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 27 January 2011 (Case R 1036/2010-1) relating to opposition proceedings between Sopralex & Vosmarques SA and Progust, SL.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Progust, SL to pay the costs. |

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