CELEX: 62013TA0254
Language: en
Date: 2015-06-04 00:00:00
Title: Case T-254/13: Judgment of the General Court of 4 June 2015 — Stayer Ibérica v OHIM — Korporaciya ‘Masternet’ (STAYER) (Community trade mark — Invalidity proceedings — Community figurative mark STAYER — Earlier international word mark STAYER — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009)

20.7.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 236/33
            
         Judgment of the General Court of 4 June 2015 — Stayer Ibérica v OHIM — Korporaciya ‘Masternet’ (STAYER)
   (Case T-254/13) (1)
   
   ((Community trade mark - Invalidity proceedings - Community figurative mark STAYER - Earlier international word mark STAYER - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009))
   (2015/C 236/44)
   Language of the case: English
   
      Parties
   
   
      Applicant: Stayer Ibérica, SA (Pinto, Spain) (represented by: S. Rizzo, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: ZAO Korporaciya ‘Masternet’ (Moscow, Russia) (represented by: N. Bürglen, lawyer)
   
      Re:
   
   Action brought against the decision of the Second Board of Appeal of OHIM of 4 March 2013 (Case R 2196/2011-2), concerning invalidity proceedings between ZAO Korporaciya ‘Masternet’ and Stayer Ibérica, SA.
   
      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 4 March 2013 (Case R 2196/2011-2) to the extent that it has declared the Community figurative mark STAYER invalid in respect of ‘parts of cutting and polishing diamond machines; bits and cutting wheels for the following industries: marble, granite, stone, clay, slabs, tiles and brick, and, in general terms, cutting tools as parts of the equipment included in Class 7’ in Class 7 and ‘hand held abrasive items (wheels and grinding wheels)’ in Class 8;
            
         
               2.
            
            
               Dismisses the action as to the remainder;
            
         
               3.
            
            
               Orders OHIM, Stayer Ibérica, SA and ZAO Korporaciya ‘Masternet’ to bear their own costs.
            
         
      (1)  OJ C 207, 20.7.2013.