Judgment of the General Court of 30 January 2014 – Streng v OHIM – Gismondi (PARAMETRICA)
(Case T-495/11) 1
(Community trade mark – Opposition proceedings – Application for Community word mark PARAMETRICA – Earlier national word mark parameta – Relative ground for refusal – Failure to produce evidence in the language of the opposition proceedings – Rule 19(2) and (3) and Rule 98(1) of Regulation (EC) No 2868/95)
Language of the case: Italian
Parties
Applicant: Michael Streng (Erding, Germany) (represented by: A. Pappert, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Fulvio Gismondi (Rome, Italy) (represented by: A. Masetti Zannini de Concina, G. Petrocchi, M. Bucarelli and F. Bellan, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 19 July 2011 (Case R 1348/2010-4) relating to opposition proceedings between Mr Michael Streng and Mr Fulvio Gismondi.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Mr Michael Streng to pay the costs.
____________1 OJ C 347, 26.11.2011.