Language of document :

Judgment of the General Court of 15 January 2013 - Gigabyte Technology v OHIM - Haskins (Gigabyte)

(Case T-451/11) 

(Community trade mark - Opposition proceedings - Application for Community word mark Gigabyte - Earlier Community word mark GIGABITER - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

Language of the case: English

Parties

Applicant: Gigabyte Technology Co., Ltd (Taipei, Taiwan) (represented by: F. Schwerbrock, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Robert A. Haskins (Quakertown, Pennsylvania, United States)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 20 May 2011 (Case R 2047/2010-2), concerning opposition proceedings between Robert A. Haskins and Gigabyte Technology Co., Ltd.

Operative part of the judgment

The Court:

Dismisses the action;

Orders Gigabyte Technology Co., Ltd to pay the costs.

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1 - OJ C 298, 8.10.2011.