Judgment of the General Court of 5 February 2015 — Environmental Manufacturing v OHIM — Wolf (representing a wolf’s head)

(Case T-570/10 RENV) ¹

(Community trade mark — Opposition proceedings — Application for Community figurative mark representing a wolf’s head — Earlier national and international figurative marks WOLF Jardin and Outils WOLF — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009)

Language of the case: English

Parties

Applicant: Environmental Manufacturing LLP (Stowmarket, United Kingdom) (represented by: S. Malynicz, Barrister, and M. Atkins, Solicitor)

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, intervener before the General Court, being: Société Elmar Wolf (Wissembourg, France) (represented by: N. Boespflug, avocat)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 6 October 2010 (Case R 425/2010-2), relating to opposition proceedings between Société Elmar Wolf and Environmental Manufacturing LLP.

Operative part of the judgment

The Court:

1.    Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 October 2010 (Case R 425/2010-2);

2.    Orders OHIM to bear its own costs before the General Court and the Court of Justice, as well as half of those incurred by Environmental Manufacturing LLP before the General Court and the Court of Justice;

3.    Orders Société Elmar Wolf to bear its own costs before the General Court and the Court of Justice, as well as half of those incurred by Environmental Manufacturing before the General Court and the Court of Justice.

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¹     OJ C 63, 26.2.2011.