Judgment of the General Court of 29 April 2014 — Asos v OHIM — Maier (ASOS)
(Case T-647/11) 1
(Community trade mark — Opposition proceedings — Application for Community word mark ASOS — Earlier Community word mark ASSOS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Asos plc (London, United Kingdom) (represented by: P. Kavanagh, Solicitor, and A. Edwards-Stuart, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: P. Geroulakos, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Roger Maier (San Pietro di Stabio, Switzerland) (represented by: U. Lüken, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 17 October 2011 (Case R 2215/2010-4), relating to opposition proceedings between Roger Maier and Asos plc.
Operative part of the judgment
The Court:
Dismisses the action;
Dismisses Mr Roger Maier’s application;
Orders Asos plc to bear its own costs and to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);
Orders Mr Maier to bear his own costs.
________________________1 OJ C 58, 25. 2. 2012.