Judgment of the General Court of 11 January 2013 - Kokomarina v OHIM - Euro Shoe Group (interdit de me gronder IDMG)
(Case T-568/11)
(Community trade mark - Opposition proceedings - International registration designating the European Community - Figurative mark interdit de me gronder IDMG - Earlier Benelux word mark DMG - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark disputed for the first time before the General Court)
Language of the case: French
Parties
Applicant: Kokomarina (Concarneau, France) (represented by: C. Charrière-Bournazel, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Euro Shoe Group (Beringen, Belgium) (represented by: I. Vernimme, lawyer
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 21 July 2011 (Case R 1814/2010-1), relating to opposition proceedings between Euro Shoe Unie and Kokomarina
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Kokomarina to pay the costs.
____________1 - OJ C 13, 14.1.2012.