Judgment of the General Court of 7 March 2013 - FairWild Foundation v OHIM - Wild (FAIRWILD)
(Case T-247/11)
(Community trade mark - Opposition proceedings - International registration designating the European Community - Word mark FAIRWILD - Earlier Community word mark WILD - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: FairWild Foundation (Weinfelden, Switzerland) (represented by: P. Neuwald and S. Müller, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Rudolf Wild GmbH & Co. KG (Eppelheim, Germany) (represented by: A. Franke, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 3 March 2011 (Case R 1014/2010-1), relating to opposition proceedings between Rudolf Wild GmbH & Co. KG and FairWild Foundation
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders FairWild Foundation to pay the costs.
____________1 - OJ C 238, 13.8.2011.