Judgment of the General Court of 12 July 2012 - Hand Held Products v OHIM - Orange Brand Services (DOLPHIN)
(Case T-361/11)
(Community trade mark - Opposition proceedings - Application for Community word mark DOLPHIN - Earlier Community word mark DOLPHIN - Opposition refused in part - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Hand Held Products, Inc. (Wilmington, Delaware, United States) (represented by: J. Güell Serra and M. Curell Aguilà, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by P. Bullock and R. Pethke and subsequently by P. Bullock and G. Schneider, Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Orange Brand Services Ltd (Bristol, United Kingdom)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 6 April 2011 (Case R 1443/2010-1), concerning opposition proceedings between Hand Held Products, Inc. and Orange Brand Services Ltd.
Operative part of the judgment
The Court:
1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 April 2011 (Case R 1443/2010-1) in so far as it rejected the opposition in respect of electrical and electronic accessories;
2. Dismisses the action as to the remainder;
3. Orders Hand Held Products, Inc. and OHIM each to bear their own costs.
____________1 - OJ C 269, 10.9.2011.