CELEX: 62013TA0169
Language: en
Date: 2016-02-02 00:00:00
Title: Case T-169/13: Judgment of the General Court of 2 February 2016 — Benelli Q.J. Srl v OHIM — Demharter (MOTO B) (Community trade mark — Opposition proceedings — Application for the Community figurative mark MOTO B — Earlier non-registered national figurative marks MOTOBI — Relative ground for refusal — Evidence that the earlier non-registered marks are well known — Article 8(2)(c) of Regulation (EC) No 207/2009 — Article 6bis of the Paris Convention — Evidence submitted in support of the opposition after the expiry of the period set for that purpose — Failure to take account thereof — Discretion of the Board of Appeal — Provision to the contrary — Circumstances precluding additional or supplementary evidence from being taken into account — Article 76(2) of Regulation No 207/2009 — Rules 19 and 20 of Regulation (EC) No 2868/95 — Rule 50(1), third subparagraph, of Regulation No 2868/95 — First sentence of Article 75 of Regulation No 207/2009 — Obligation to state reasons)

14.3.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 98/29
            
         Judgment of the General Court of 2 February 2016 — Benelli Q.J. Srl v OHIM — Demharter (MOTO B)
   (Case T-169/13) (1)
   
   ((Community trade mark - Opposition proceedings - Application for the Community figurative mark MOTO B - Earlier non-registered national figurative marks MOTOBI - Relative ground for refusal - Evidence that the earlier non-registered marks are well known - Article 8(2)(c) of Regulation (EC) No 207/2009 - Article 6bis of the Paris Convention - Evidence submitted in support of the opposition after the expiry of the period set for that purpose - Failure to take account thereof - Discretion of the Board of Appeal - Provision to the contrary - Circumstances precluding additional or supplementary evidence from being taken into account - Article 76(2) of Regulation No 207/2009 - Rules 19 and 20 of Regulation (EC) No 2868/95 - Rule 50(1), third subparagraph, of Regulation No 2868/95 - First sentence of Article 75 of Regulation No 207/2009 - Obligation to state reasons))
   (2016/C 098/37)
   Language of the case: English
   
      Parties
   
   
      Applicant: Benelli Q.J. Srl (Pesaro, Italy) (represented by: P. Lukácsi and B. Bozóki, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially F. Mattina and subsequently P. Bullock, acting as Agents)
   
      Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Demharter GmbH (Dillingen, Germany) (represented by: A. Kohn, lawyer)
   
      Re:
   
   Action brought against the decision of the Second Board of Appeal of OHIM of 16 January 2013 (Case R 95/2012-2), relating to opposition proceedings between Benelli Q.J. Srl and Demharter GmbH.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Benelli Q.J. Srl to pay the costs.
            
         
      (1)  OJ C 147, 25.5.2013.