Judgment of the General Court of 22 January 2015 — Novomatic v OHIM — Simba Toys (AFRICAN SIMBA)
(Case T-172/13) 1
(Community trade mark — Opposition proceedings — Application for Community word mark AFRICAN SIMBA — Earlier national figurative mark Simba — Relative ground for refusal — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009)
Language of the case: German
Parties
Applicant: Novomatic AG (Gumpoldskirchen, Austria) (represented by: W. Mosing, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Schifko, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Simba Toys GmbH & Co. KG (Fürth, Germany) (represented by: O. Ruhl and C. Sachs, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 January 2013 (Case R 157/2012-4) relating to opposition proceedings between Simba Toys GmbH & Co. KG and Novomatic AG.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Novomatic AG to pay the costs.
________________________1 OJ C 141, 18.5.2013.