Judgment of the General Court of 7 October 2014 — Tifosi Optics v OHIM — Tom Tailor (T)
(Case T-531/12) 1
(Community trade mark — Opposition proceedings — Application for Community figurative mark T — Earlier Community figurative mark T — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Tifosi Optics, Inc. (Watkinsville, United States) (represented initially by A. Tornato and D. Hazan, and subsequently by R. Gilbey, 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: Tom Tailor GmbH (Hamburg, Germany) (represented by: O. Gillert, K. Vanden Bossche and B. Köhn-Gerdes, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 17 September 2012 (Case R 729/2011-2), concerning opposition proceedings between Tom Tailor GmbH and Tifosi Optics, Inc.
Operative part of the judgment
The Court:
Dismisses the action.
Orders Tifosi Optics, Inc. to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Tom Tailor GmbH.
________________________1 OJ C 46, 16.2.2013.