Judgment of the General Court of 4 February 2014 – Mega Brands v OHIM – Diset (MAGNEXT)

(Cases T-604/11 and T-292/12) ¹

(Community trade mark – Opposition proceedings – Application for Community figurative mark MAGNEXT and word mark MAGNEXT – Earlier national word mark MAGNET 4 – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009)

Language of the case: English

Parties

Applicant: Mega Brands International, Luxembourg, Zweigniederlassung Zug (Zug, Switzerland) [represented by: A. Nordemann, lawyer (Case T-604/11) and T. Boddien, lawyer (Case T-292/12)]

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Diset, SA (Barcelona, Spain)

Re:

Two actions brought against the decisions of the Fourth Board of Appeal of OHIM of 27 September 2011 (Case R 1695/2010-4) and of 24 April 2012 (Case R 1722/2011­4) concerning two sets of opposition proceedings between Diset SA and Mega Brands International, Luxembourg, Zweigniederlassung Zug.

Operative part of the judgment

The Court:

Orders that Cases T-604/11 and T-292/12 be joined for the purposes of judgment;

Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 27 September 2011 (Case R 1695/2010-4) in Case T-604/11;

Dismisses the action in Case T-604/11 as to the remainder;

Dismisses the action in Case T-292/12;

Orders OHIM to bear its own costs and to pay those incurred by Mega Brands International, Luxembourg, Zweigniederlassung Zug in Case T-604/11;

Orders Mega Brands International, Luxembourg, Zweigniederlassung Zug to bear its own costs and to pay those incurred by OHIM in Case T-292/12.

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¹     OJ C 32, 4.2.2012.