CELEX: 62014TA0135
Language: en
Date: 2016-02-05 00:00:00
Title: Case T-135/14: Judgment of the General Court of 5 February 2016 — Kicktipp v OHIM — Società Italiana Calzature (kicktipp) (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)

21.3.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 106/31
            
         Judgment of the General Court of 5 February 2016 — Kicktipp v OHIM — Società Italiana Calzature (kicktipp)
   (Case T-135/14) (1)
   
   ((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:
   
               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);
            
         
               2.
            
            
               Orders OHIM to bear its own costs and to pay those incurred by Kicktipp GmbH;
            
         
               3.
            
            
               Orders Società Italiana Calzature Srl to bear its own costs.
            
         
      (1)  OJ C 135, 5.5.2014.