Judgment of the General Court of 10 April 2013 - Höganäs v OHIM - Haynes (ASTALOY)
(Case T-505/10)
(Community trade mark - Opposition proceedings - Application for Community word mark ASTALOY - Earlier Community word mark HASTELLOY - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Coexistence of trade marks)
Language of the case: English
Parties
Applicant: Höganäs AB (Höganäs, Sweden) (represented by: L.-E. Ström, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Haynes International, Inc. (Kokomo, Indiana (United States)) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 18 August 2010 (Case R 1530/2009-4), relating to opposition proceedings between Haynes International, Inc. and Höganäs AB.
Operative part of the judgment
The Court:
Dismisses the action.
Orders Höganäs AB to pay the costs.
____________1 - OJ C 346, 18.12.2010.