Judgment of the General Court of 11 December 2014 — Oracle America v OHIM — Aava Mobile (AAVA CORE)
(Case T-618/13) 1
(Community trade mark — Opposition proceedings — Application for Community word mark AAVA CORE — Earlier Community word mark JAVA and well-known mark within the meaning of Article 6a of the Paris Convention JAVA — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No likelihood of association — Link between the signs — No similarity of the signs — Article 8(5) of Regulation No 207/2009)
Language of the case: English
Parties
Applicant: Oracle America, Inc. (Wilmington, Delaware, United States) (represented by: T. Heydn, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock and N. Bambara, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Aava Mobile Oy (Oulu, Finland)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 11 September 2013 (Case R 1369/2012-2), relating to opposition proceedings between Oracle America, Inc. and Aava Mobile Oy.
Operative part of the judgment
The Court:
Dismisses the action.
Orders Oracle America, Inc. to pay the costs.
________________________1 OJ C 344, 23.11.2013.