Judgment of the General Court of 12 September 2012 -Ertmer v OHIM
(Case T-566/10)
(Community trade mark - Invalidity proceedings - Community word mark erkat - Earlier Community and national word and figurative marks CAT - Relative grounds for refusal - Likelihood of confusion - Damage to reputation - Article 8(1)(b) and (5) of Regulation (E) No 207/2009 - Obligation to state reasons)
Language of the case: German
Parties
Applicant: Jutta Ertmer (Tastungen, Germany) (represented by: A. von Mühlendahl and C. Eckhartt, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Caterpillar, Inc. (Peoria, Illinois, United States) (represented by: A. Renck, V. von Bomhard and E. Nicolás Gómez, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 7 September 2010 (Case R 270/2010-1) relating to invalidity proceedings between Caterpillar, Inc. and Jutta Ertmer.
Operative part of the judgment
The Court:
1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 September 2010 (Case R 270/2010-1);
2. Dismisses the action as to the remainder;
3. Orders OHIM and Caterpillar, Inc. to pay the costs
____________1 - OJ C 55, 19.2.2011.