Judgment of the General Court of 7 February 2012 - Dosenbach-Ochsner v OHIM - Sisma (Representation of elephants in a rectangle)
(Case T-424/10)
(Community trade mark - Invalidity proceedings - Community figurative mark representing elephants in a rectangle - Earlier international and national figurative marks representing an elephant and earlier national word mark elefanten - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 - Distinctive character of the earlier marks)
Language of the case: Italian
Parties
Applicant: Dosenbach-Ochsner AG Schuhe und Sport (Dietikon, Switzerland) (represented by: O. Rauscher, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Mannucci, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Sisma SpA (Mantova, Italy) (represented by: F. Caricato, lawyer)
Re:
Action against the decision of the Fourth Board of Appeal of OHIM of 15 July 2010 (Case R 1638/2008-4) concerning invalidity proceedings between Dosenbach-Ochsner AG Schuhe und Sport and Sisma SpA.
Operative part of the judgment
The General Court:
1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 15 July 2010 (Case R 1638/2008-4);
2. Orders OHIM to bear its own costs and to pay the costs of Dosenbach-Ochsner AG Schuhe und Sport;
3. Orders Sisma SpA to bear its own costs.
____________1 - OJ C 317, 20.11.2010.