CELEX: 62012CB0354
Language: en
Date: 2013-04-11 00:00:00
Title: Case C-354/12 P: Order of the Court (Tenth Chamber) of 11 April 2013 — Asa sp. z o.o. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Article 181 of the Rules of Procedure — Community trade mark — Article 8(1)(b) of Regulation (EC) No 207/2009 — Relative ground for refusal — Word mark FEMIFERAL — Opposition by the proprietor of the earlier word and figurative mark feminatal)

3.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 225/47
            
         Order of the Court (Tenth Chamber) of 11 April 2013 — Asa sp. z o.o. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case C-354/12 P) (1)
   
   (Appeal - Article 181 of the Rules of Procedure - Community trade mark - Article 8(1)(b) of Regulation (EC) No 207/2009 - Relative ground for refusal - Word mark FEMIFERAL - Opposition by the proprietor of the earlier word and figurative mark feminatal)
   2013/C 225/82
   Language of the case: Polish
   
      Parties
   
   
      Appellant: Asa sp. z o.o. (represented by: M. Chimiak, adwokat)
   
      Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, Agent)
   
      Re:
   
   Appeal brought against the judgment of the General Court (Third Chamber) of 25 May 2012 in Case T-110/11 Asa v OHIM — Merck (FEMIFERAL), by which the General Court dismissed as unfounded the action brought by Asa sp. z o.o., applicant for the word mark ‘FEMIFERAL’, seeking the annulment of Decision R 0182/2010-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM), of 19 November 2010, annulling the decision of the Opposition Division, which rejected the opposition brought by the proprietor of the national word mark ‘Feminatal’ and of the national figurative mark containing the verbal element ‘feminatal’ for goods classified in Class 5 — Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version) (OJ 2009 L 78, p. 1)
   
      Operative part of the order
   
   
               1.
            
            
               The appeal is dismissed.
            
         
               2.
            
            
               Asa sp. z o.o. is ordered to pay the costs.
            
         
      (1)  OJ C 295, 29.9.2012.