Judgment of the General Court of 16 January 2014 – Aloe Vera of America v OHIM – Detimos (FOREVER)

(Case T-528/11) ¹

(Community trade mark – Opposition proceedings – Application for the Community figurative mark FOREVER – Earlier national figurative mark 4 EVER – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 – Genuine use of the earlier mark – Article 42(2) and (3) of Regulation No 207/2009)

Language of the case: English

Parties

Applicant: Aloe Vera of America, Inc. (Dallas, Texas, United States) (represented by: R. Niebel and F. Kerl, lawyers)

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: Detimos – Gestão Imobiliária, SA (Carregado, Portugal) (represented by: V. Caires Soares, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 August 2011 (Case R 742/2010-4), relating to opposition proceedings between Diviril – Distribuidora de Viveres do Ribatejo, Lda and Aloe Vera of America, Inc.

Operative part of the judgment

The Court:

Dismisses the action;

Orders Aloe Vera of America, Inc. to pay the costs, including those incurred by Detimos – Gestão Imobiliária, SA in the course of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

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¹     OJ C 362, 10.12.2011.