Source: EURLEX
Language: en
Format: md

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| 21.3.2016 | EN | Official Journal of the European Union | C 106/31 |

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Judgment of the General Court of 5 February 2016 — Kicktipp v OHIM — Società Italiana Calzature (kicktipp)

(Case T-135/14)[(1)](#ntr1-C_2016106EN.01003101-E0001)

((Community trade mark - Opposition proceedings - Application for Community word mark kicktipp - Earlier national word mark KICKERS - Rule 19 of Regulation (EC) No 2868/95 - Rule 98(1) of Regulation No 2868/95 - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 106/34)

Language of the case: English

Parties

Applicant: Kicktipp GmbH (Dusseldorf, Germany) (represented by: A. Dreyer, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Società Italiana Calzature Srl (Milan, Italy) (represented by: G. Cantaluppi, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 12 December 2013 (Case R 1061/2012-2), relating to opposition proceedings between Società Italiana Calzature Srl and Kicktipp GmbH.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 12 December 2013 (Case R 1061/2012-2); |

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| 2. | Orders OHIM to bear its own costs and to pay those incurred by Kicktipp GmbH; |

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| 3. | Orders Società Italiana Calzature Srl to bear its own costs. |

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