Judgment of the General Court of 2 July 2015 — BH Stores v OHIM — Alex Toys (ALEX)
(Case T-657/13) 1
(Community trade mark — Opposition proceedings — Application for Community word mark ALEX — National word and figurative marks ALEX — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Admissibility of the appeal before the Board of Appeal — Obligation to state reasons — Article 75 of Regulation No 207/2009 — No similarity between the goods and services covered by the marks at issue — No likelihood of confusion)
Language of the case: English
Parties
Applicant: BH Stores BV (Curaçao autonomous entity of the Netherlands) (represented by: T. Dolde, lawyer, and M. Hawkins, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening between the General Court: Alex Toys LLC (Wilmington, Delaware, United States) (represented by: G. Macías Bonilla, P. López Ronda, G. Marín Raigal and E. Armero, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 16 September 2013 (Case R 1950/2012-2), relating to opposition proceedings between BH Stores BV and Alex Toys LLC.
Operative part of the judgment
The Court:
Dismisses the action;
Orders BH Stores BV to pay the costs, including the costs necessarily incurred by Alex Toys LLC for the purposes of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
____________1 OJ C 61, 1.3.2014.