Judgment of the General Court of 13 April 2011 - Alder Capital v OHIM - Gimv Nederland (ALDER CAPITAL)
(Community trade mark - Invalidity proceedings - Community word mark ALDER CAPITAL - Earlier Benelux word marks Halder and Halder Investments - Earlier international word mark Halder - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009) - Genuine use of the trade mark - Article 15 of Regulation No 40/94 (now Article 15 of Regulation No 207/2009))
Language of the case: English
Parties
Applicant: Alder Capital Ltd (Dublin, Ireland) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider and R. Manea, Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Gimv Nederland BV (The Hague, Netherlands) (represented by: M. van de Braak and S. Beelaard, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 20 February 2009 (Case R 486/2008-2) in relation to invalidity proceedings between Halder Holdings BV and Alder Capital Ltd.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Alder Capital Ltd to pay the costs, including the costs necessarily incurred by Gimv Nederland BV for the purposes of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
____________1 - OJ C 180, 1.8.2009.