Judgment of the General Court of 23 April 2013 – Apollo Tyres v OHIM – Endurance Technologies (ENDURANCE)
(Case T-109/11) 1
(Community trade mark – Opposition proceedings – Application for the Community word mark ENDURACE – Earlier Community figurative mark ENDURANCE – Relative grounds for refusal – Similarity of the goods and services – Similarity of the signs – Partial refusal of registration – Article 8(1)(b) of Regulation (EC) No 207/2009 – Likelihood of confusion)
Language of the case: English
Parties
Applicant: Apollo Tyres AG (Baden, Switzerland) (represented by: S. Szilvasi, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Endurance Technologies Pvt Ltd (Aurangabad, India)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 25 November 2010 (Case R 625/2010-1), concerning opposition proceedings between Endurance Technologies Pvt Ltd and Apollo Tyres AG
Operative part of the judgment
The Court:
1. Dismisses the action.
2. Orders Apollo Tyres AG to pay the costs.
________________________1 OJ C130, 30.4.2011.