CELEX: 62013CN0581
Language: en
Date: 2013-11-15 00:00:00
Title: Case C-581/13 P: Appeal brought on 15 November 2013 by Intra-Presse against the judgment of the General Court (First Chamber) delivered on 16 September 2013 in Case T-448/11: Golden Balls Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

25.1.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 24/8
            
         Appeal brought on 15 November 2013 by Intra-Presse against the judgment of the General Court (First Chamber) delivered on 16 September 2013 in Case T-448/11: Golden Balls Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case C-581/13 P)
   2014/C 24/15
   Language of the case: English
   
      Parties
   
   
      Appellant: Intra-Presse (represented by: P. Péters, advocaat, T. de Haan, avocat, M. Laborde, avocate)
   
      Otherparties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs); Golden Balls Ltd
   
      Form of order sought
   
   The appellant claims that the Court should:
   
               —
            
            
               annul the judgment of the General Court of the European Court of 16 September 2013 in Case T-448/11;
            
         
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               refer the case back to the General Court of the European Union to rule on the action brought by Intra-Presse under Article 8(5) of Regulation No 207/2009 (1);
            
         
               —
            
            
               order that the costs be reserved.
            
         
      Pleas in law and main arguments
   
   Appellant submits that the contested judgment should be annulled on the following grounds.
   Firstly, the General Court infringed Article 8(1)(b) CTMR in defining the relevant public, in assessing the degree of conceptual similarity between marks by adding a requirement of ‘intellectual process of translation’, ‘begin by translating’ or ‘prior translation’, and in omitting to take the reputation of the earlier mark for services in Class 41 into account. Secondly, the General Court infringed Article 8(5) CTMR by failing to carry out a global assessment and omitting to examine the relevance of the reputation of Appellant’s earlier mark and the existence of a possible link.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark
   OJ L 78, p. 1