Judgment of the General Court of 9 December 2014 — Capella v OHIM — Oribay Mirror Buttons (ORIBAY)
(Case T-307/13) 1
(Community trade mark — Revocation proceedings — Community figurative mark ORIBAY ORIginal Buttons for Automotive Yndustry — Admissibility of the application for revocation)
Language of the case: Spanish
Parties
Applicant: Capella EOOD (Sofia, Bulgaria) (represented: initially by M. Holtorf, subsequently by A. Theis, and lastly by F. Henkel, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by G. Schneider, and subsequently by J. Crespo Carrillo, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Oribay Mirror Buttons, SL (San Sebastián, Spain) (represented by: A. Velázquez Ibañez, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 22 March 2013 (Case R 164/2012-4), relating to revocation proceedings between Capella EOOD and Oribay Mirror Buttons, SL.
Operative part of the judgment
The Court:
Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 March 2013 (Case R 164/2012-4);
Declares that OHIM is to bear its own costs and orders it to pay the costs incurred by Capella EOOD;
Declares that Oribay Mirror Buttons, SL is to bear its own costs.
________________________1 OJ C 207, 20.7.2013.