Language of document :

Judgment of the General Court of 9 March 2012 - Ella Valley Vineyards v OHIM - HFP (ELLA VALLEY VINEYARDS)

(Case T-32/10) 

(Community trade mark - Opposition proceedings - Application for Community figurative mark ELLA VALLEY VINEYARDS - Earlier national and Community trade marks ELLE - Relative ground for refusal - Likelihood of association - Link between the signs - Reputation - No similarity of the signs - Article 8(5) of Regulation (EC) No 207/2009))

Language of the case: French

Parties

Applicant: Ella Valley Vineyards (Adulam) Ltd (Jerusalem, Israel) (represented by: C. de Haas and O. Vanner, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Hachette Filipacchi Presse (HFP) (Levallois-Perret, France) (represented by: C. Moyou Joly, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 November 2009 (Case R 1293/2008-1), relating to opposition proceedings between Hachette Filipacchi Presse (HFP) and Ella Valley Vineyards (Adulam) Ltd.

Operative part of the judgment

The Court:

Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 November 2009 (Case R 1293/2008-1);

Orders OHIM to bear its own costs and to pay the costs incurred by Ella Valley Vineyards (Adulam) Ltd;

Orders Hachette Filipacchi Presse (HFP) to bear its own costs.

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1 - OJ C 80, 27.3.2010.