Judgment of the General Court of 28 June 2012 - Basile and I Marchi Italiani v OHIM (B. Antonio Basile 1952)
(Case T-134/09)
(Community trade mark - Invalidity proceedings - Community figurative mark B. Antonio Basile 1952 - Earlier national word mark BASILE - Relative ground for refusal - Limitation in consequence of acquiescence - Article 53(2) of Regulation (EC) No 40/94 (now Article 54(2) of Regulation (EC) No 207/2009) - Likelihood of confusion - Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009)
Language of the case: Italian
Parties
Applicants: Antonio Basile (Giugliano in Campania, Italy); and I Marchi Italiani Srl (Naples, Italy) (represented by: G. Militerni, L. Militerni and F. Gimmelli, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by A. Sempio, and subsequently by P. Bullock, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Osra SA (Rovereta, Saint-Marin) (represented by: A. Masetti Zannini de Concina, R. Cartella and G. Petrocchi, lawyers)
Re:
Action brought against the Decision of the Second Board of Appeal of OHIM of 9 January 2009 (Case R 1436/2007-2) relating to invalidity proceedings between Osra SA and M. Antonio Basile.
Operative part of the judgment
The Court:
1. Removes the name of the second applicant, I Marchi Italiani Srl, from the list of applicants in Case T-134/09;
2. Dismisses the action;
3. Orders Mr Antonio Basile to pay the costs, other than those relating to the discontinuance;
4. Orders I Marchi Italiani Srl to bear its own costs.
____________1 - OJ C 141, 20.6.2009.