Judgment of the General Court of 22 May 2012 - Environmental Manufacturing v OHIM - Wolf (Representation of the head of a wolf)
(Case T-570/10)
(Community trade mark - Opposition proceedings - Application for a Community figurative mark representing a wolf's head - Earlier national and international figurative marks WOLF Jardin and Outils WOLF - Relative grounds for refusal - Detriment to the distinctive character or repute of the earlier mark - Article 8(5) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Environmental Manufacturing LLP (Stowmarket, United Kingdom) (represented by: S. Malynicz, Barrister, and M. Atkins, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Société Elmar Wolf (Wissembourg, France) (represented by: N. Boespflug, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 6 October 2010 (Case R 425/2010-2), concerning opposition proceedings between Société Elmar Wolf and Environmental Manufacturing LLP.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Environmental Manufacturing LLP to pay the costs.
____________1 - OJ C 63, 26.2.2011.