CELEX: 62009TA0374
Language: en
Date: 2013-11-28 00:00:00
Title: Case T-374/09: Judgment of the General Court of 28 November 2013 — Lorenz Shoe Group v OHIM — Fuzhou Fuan Leather Plastics Clothing Making (Ganeder) (Community trade mark — Opposition procedure — Application for Community word mark Ganeder — Earlier community word mark Ganter — Relative ground for refusal — Similarity of the signs — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

18.1.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 15/14
            
         Judgment of the General Court of 28 November 2013 — Lorenz Shoe Group v OHIM — Fuzhou Fuan Leather Plastics Clothing Making (Ganeder)
   (Case T-374/09) (1)
   
   (Community trade mark - Opposition procedure - Application for Community word mark Ganeder - Earlier community word mark Ganter - Relative ground for refusal - Similarity of the signs - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
   2014/C 15/18
   Language of the case: German
   
      Parties
   
   
      Applicant: Lorenz Shoe Group AG (Taufkirchen an der Pram, Austria) (represented initially by M. Douglas, subsequently by N. Hebeis, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke and A. Schifko, acting as Agents)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Fuzhou Fuan Leather Plastics Clothing Making Co. Ltd (Cangshan Fuzhou, China) (represented by: A. Paschke, lawyer)
   
      Re:
   
   Action brought against the decision of the First Board of Appeal of OHIM of 16 July 2009 (Case R 1289/2008-1), relating to an opposition procedure between shoe fashion group Lorenz AG and Fuzhou Fuan Leather Plastics Clothing Making Co. Ltd.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 July 2009 (Case R 1289/2008-1);
            
         
               2.
            
            
               Orders OHIM to bear its own costs and pay those incurred by Lorenz Shoe Group AG;
            
         
               3.
            
            
               Orders Fuzhou Fuan Leather Plastics Clothing Making Co. Ltd to bear its own costs.
            
         
      (1)  OJ C 282, 21.11.2009.