Judgment of the General Court of 27 June 2012 - Interkobo v OHIM - XXXLutz Marken (my baby)
(Case T-523/10)
(Community trade mark - Opposition proceedings - Application for Community figurative mark my baby - Earlier national and international word marks MYBABY and earlier national figurative mark mybaby - Relative ground for refusal - Failure to produce evidence in the language of the opposition proceedings - Legitimate expectation - Rules 19(3), 20(1) and 98(1) of Regulation (EC) No 2868/95))
Language of the case: German
Parties
Applicant: Interkobo sp. z o.o. (Łódź (Poland)) (represented by: R. Skubisz and K. Ziemski, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: XXXLutz Marken GmbH (Wels (Austria)) (represented by: H. Pannen, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 September 2010 (Case R 88/2009-4) relating to opposition proceedings between Interkobo sp. Z o.o. and XXXLutz Marken GmbH
Operative part of the order
The Court:
Dismisses the action;
Orders Interkobo sp. z o.o. to pay the costs.
____________1 - OJ C 13, 15.1.2011.