Judgment of the General Court of 23 October 2013 – Dimian v OHIM – Bayer Design Fritz Bayer (Baby Bambolina)
(Case T-581/11) 1
(Community trade mark – Invalidity proceedings – Figurative Community trade mark Baby Bambolina – Earlier unregistered national trade mark Bambolina – Relative ground for refusal – No use in trade of a sign of more than mere local significance – Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Dimian AG (Nuremberg, Germany) (represented by: P. Pozzi and G. Ghisletti, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Bayer Design Fritz Bayer GmbH & Co. KG (Michelau, Germany) (represented by: J. Pröll, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 3 August 2011 (Case R 1822/2010-2), relating to invalidity proceedings between Dimian AG and Bayer Design Fritz Bayer GmbH & Co. KG
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Dimian AG to pay the costs.
____________1 OJ C 25, 28.1.2013.