Judgment of the General Court of 27 March 2014 — Oracle America v OHIM — Aava Mobile (AAVA MOBILE)
(Case T-554/12) 1
(Community trade mark — Opposition proceedings — Application for the Community word mark AAVA MOBILE — Earlier Community word mark 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 — Reputation — 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: M. Graf and T. Heydn, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by F. Mattina, and subsequently by P. Bullock, Agent)
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 (Case R 1205/2011-2) of 9 October 2012, concerning opposition proceedings between Oracle Amercia, 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 63, 2.3.2013.