Judgment of the General Court of 16 January 2014 – Message Management v OHIM – Absacker (ABSACKER of Germany)
(Case T-304/12) 1
(Community trade mark – Opposition proceedings – Application for Community figurative mark ABSACKER of Germany – Earlier national figurative mark ABSACKER – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Message Management GmbH (Wiesbaden, Germany) (represented by: C. Konle, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Pohlmann, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Absacker GmbH (Cologne, Germany)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 21 March 2012 (case R 1028/2011-1), relating to opposition proceedings between Absacker GmbH and Message Management GmbH.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Message Management GmbH to pay the costs.
____________1 OJ C 273, 8.9.2012.