Judgment of the General Court of 21 May 2015 — Formula One Licensing BV v OHIM — Idea Marketing (F1H2O)
(Case T-55/13) 1
(Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark F1H2O — Community, international, Benelux and national word and figurative marks with the element ‘F1’ — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or reputation of the earlier trade marks — Article 8(5) of Regulation No 207/2009)
Language of the case: English
Parties
Applicant: Formula One Licensing BV (Rotterdam, Netherlands) (represented initially by B. Klingberg and subsequently by K. Sandberg, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Idea Marketing SA (Lausanne, Switzerland) (represented by B. Brisset and O. Vanner, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 November 2012 (Case R 1247/2011-4), concerning opposition proceedings between Formula One Licensing BV and Idea Marketing SA.
Operative part of the judgment
The Court:
Dismisses the action;
2. Orders Formula One Licensing BV 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 by Idea Marketing SA.
________________________1 OJ C 101, 6.4.2013.