CELEX: 62012CB0014
Language: en
Date: 2013-05-30 00:00:00
Title: Case C-14/12 P: Order of the Court (Seventh Chamber) of 30 May 2013 — Sheilesh Shah, Akhil Shah v Three-N-Products Private Ltd, Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Application for registration of the Community word mark AYUURI NATURAL — Opposition by the proprietor of the earlier Community word and figurative marks AYUR — Appeal manifestly inadmissible and manifestly unfounded)

3.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 225/43
            
         Order of the Court (Seventh Chamber) of 30 May 2013 — Sheilesh Shah, Akhil Shah v Three-N-Products Private Ltd, Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case C-14/12 P) (1)
   
   (Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Application for registration of the Community word mark AYUURI NATURAL - Opposition by the proprietor of the earlier Community word and figurative marks AYUR - Appeal manifestly inadmissible and manifestly unfounded)
   2013/C 225/73
   Language of the case: English
   
      Parties
   
   
      Appellants: Sheilesh Shah, Akhil Shah (represented by: M. Chapple, Barrister)
   
      Other parties to the proceedings: Three-N-Products Private Ltd (represented by: C. Jäger, Rechtsanwältin), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis and D. Walicka, acting as Agents)
   
      Re:
   
   Appeal against the judgment of the General Court (Fifth Chamber) of 10 November 2011 in Case T-313/10 THREE-N-PRODUCTS PRIVATE v OHIM — SHAH (AYUURI NATURAL), by which that Court annulled the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 1 June 2010 in Case R 1005/2009-4 annulling the Opposition Division’s decision rejecting the application for registration of the word mark ‘AYUURI NATURAL’ for goods in Classes 3 and 5 in the opposition proceedings brought by the proprietor of the Community figurative and word marks including the word element ‘AYUR’ in respect of goods in Classes 3 and 5 — Interpretation and application of Article 8(1)(b) of Regulation No 207/2009 — Likelihood of confusion — Similarity of the signs
   
      Operative part of the order
   
   
               1.
            
            
               The appeal is dismissed.
            
         
               2.
            
            
               Mr Sheilesh Shah and Mr Akhil Shah shall pay the costs.
            
         
               3.
            
            
               The Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) shall bear its own costs.
            
         
      (1)  OJ C 73, 10.3.2012.