Judgment of the General Court of 20 September 2012 - HerkuPlast Kubern v OHIM - How (eco-pack)
(Case T-445/10)
(Community trade mark - Opposition proceedings - Application for Community trade mark eco-pack - Earlier national and international word marks ECOPAK - Likelihood of confusion - Similarity of the goods - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: HerkuPlast Kubern GmbH (Ering, Germany) (represented by: G. Würtenberger and R. Kunze, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Heidi A.T. How (Harrow, United Kingdom)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 27 July 2010 (Case R 2014/2009-4) concerning opposition proceedings between HerkuPlast Kubern GmbH and Heidi A.T. How.
Operative part of the judgment
The Court:
1. Annuls the decision of the Fourth Board of Appeal of Office for Harmonisation in the Internal Market of 27 July 2010 (Case R 2014/2009-4);
2. Orders OHIM to pay the costs incurred by HerkuPlast Kubern GmbH and to bear its own costs.
____________1 - OJ C 317, 20.11.2010.