Judgment of the General Court of 1 July 2014 — Jyoti Ceramic Industries v OHIM — DeguDent (ZIECON)
(Case T-239/12) 1
(Community trade mark — Opposition proceedings –Application for Community figurative mark ZIECON — Earlier Community word mark CERCON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Examination of the facts of its own motion — Article 76 of Regulation No 207/2009)
Language of the case: German
Parties
Applicant: Jyoti Ceramic Industries PVT. Ltd (Nashik, India) (represented by: R. Egerer, D. Jochim and A. Kolb, 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, intervener before the General Court: DeguDent GmbH (Hanau, Germany) (represented by: W. Blau, T. Hertl and P. Winkler, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 2 March 2012 (Case R 2546/2010-1) concerning opposition proceedings between DeguDent GmbH and Jyoti Ceramic Industries PVT. Ltd.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Jyoti Ceramic Industries PVT. Ltd to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and DeguDent GmbH.
________________________1 OJ C 209, 14.7.2012.