Judgment of the General Court of 16 May 2013 - Nath Kalsi v OHIM - American Clothing Associates (RIDGE WOOD)
(Case T-80/11)
(Community trade mark - Opposition proceedings - Application for Community figurative mark RIDGE WOOD - Earlier Community figurative mark River Woods North-Eastern Suppliers - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicants: Dwarka Nath Kalsi and Ajit Nath Kalsi (Agra, India) (represented by: J. Schmidt, lawyer)
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: American Clothing Associates (Evergem, Belgium) (represented by: C. De Keersmaeker, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 19 November 2010 in Case R 599/2010-1, relating to opposition proceedings between, on the one hand, American Clothing Associates and, on the other hand, Dwarka Nath Kalsi and Ajit Nath Kalsi
Operative part of the judgment
The Court:
1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 November 2010 (Case R 1073/2010-2) in so far as it concerns goods in Class 24 covered by the mark applied for and the services 'processing and finishing of skins, leather, furs and textiles' in Class 40 and covered by the earlier mark No 2785459;
2. Dismisses the action as to the remainder;
3. Orders Dwarka Nath Kalsi and Ajit Nath Kalsi, and OHIM to each pay their own costs;
4. Orders American Clothing Associates to pay its own costs.
____________1 - OJ C 103, 2.4.2011.