Judgment of the General Court of 23 January 2014 – Coppenrath-Verlag v OHIM – Sembella (Rebella)
(Case T-551/12) 1
(Community trade mark – Opposition proceedings – Application for Community word mark Rebella – Earlier Community word mark SEMBELLA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Genuine use of the earlier mark – Article 42(2) and (3) of Regulation No 207/2009 – Point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009)
Language of the case: German
Parties
Applicant: Coppenrath-Verlag GmbH & Co. KG (Münster, Germany) (represented by: D. Pohl, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Poch, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Sembella GmbH (Timelkam, Austria)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 5 October 2012 (Case R 1681/2011-2) relating to opposition proceedings between Sembella GmbH and Coppenrath-Verlag GmbH & Co. KG.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Coppenrath-Verlag GmbH & Co. KG to pay the costs.
____________1 OJ C 55, 23.2.2013.