Judgment of the General Court of 20 February 2013 - Caventa v OHIM - Anson's Herrenhaus (B BERG)
(Case T-631/11)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark B BERG - Earlier Community word mark Christian Berg - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Caventa AG (Rekingen, Switzerland) (represented initially by: J. Krenzel, then by T. Stein and A. Segler, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel and D. Walicka, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Anson's Herrenhaus KG (Düsseldorf, Germany) (represented by: O Löffel and P. Lange, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 15 September 2011 (Case R 2014/2010-1), relating to opposition proceedings between Anson's Herrenhaus KG and Caventa AG.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Caventa AG to pay the costs.
____________1 - OJ C 32, 4.2.2012.