Language of document :

Judgment of the General Court of 14 May 2013 - Sanco v OHIM - Marsalman (Representation of a chicken)

(Case T-249/11) 

(Community trade mark - Opposition proceedings - Application for Community figurative mark representing a chicken - Earlier national figurative mark representing a chicken - Relative ground for refusal - Similarity between goods and services - Article 8(1)(b) of Regulation (EC) No 207/2009)

Language of the case: Spanish

Parties

Applicant: Sanco, SA (Barcelona, Spain) (represented by: A. Segura Roda, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carillo, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Marsalman, SL (Barcelona, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 17 February 2011 (Case R 1073/2010-2), concerning opposition proceedings between Sanco, SA and Marsalman, SL

Operative part of the judgment

The Court:

Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 17 February 2011 (Case R 1073/2010-2);

Dismisses the action as to the remainder;

Orders OHIM to pay the costs.

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1 - OJ C 204, 9.7.2011.