Judgment of the General Court of 15 July 2015 — TVR Automotive v OHIM — TVR Italia (TVR ITALIA)
(Case T-398/13) 1
(Community trade mark — Opposition proceedings — Application for Community figurative mark TVR ITALIA — Earlier national and Community word marks TVR — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Revocation proceedings — Genuine use of the earlier trade mark — Article 42(2) and (3) of Regulation No 207/2009 — Article 15(1) of Regulation No 207/2009)
Language of the case: English
Parties
Applicant: TVR Automotive Ltd (Whiteley, United Kingdom) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by G. Schneider and S. Hanne, and subsequently by J. Crespo Carillo, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: TVR Italia Srl (Canosa, Italy) (represented by: F. Caricato, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 14 May 2013 (Case R 823/2011-2) concerning opposition proceedings between Muadib Beteiligung GmbH and TVR Italia Srl.
Operative part of the judgment
The Court:
1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 14 May 2013 (Case R 823/2011-2) concerning opposition proceedings between Muadib Beteiligung GmbH and TVR Italia Srl;
2. Dismisses the action as to the remainder;
3. Orders OHIM and TVR Italia Srl to pay the costs.
____________1 OJ C 274, 21.9.2013.