Judgment of the General Court of 22 October 2015 — Enosi Mastichoparagogon v OHIM — Gaba International (ELMA)
(Case T-309/13) 1
(Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark ELMA — Earlier Community word mark ELMEX — Refusal to register — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicants: Enosi Mastichoparagogon Chiou (Chios, Greece) (represented by: A.-E. Malami, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos and J. Crespo Carrillo, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Gaba International Holding GmbH (Therwil, Switzerland) (represented by: G. Schindler, M. Zintler and P. Nagel, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 26 March 2013 (Case R 1539/2012-4) relating to opposition proceedings between Gaba International Holding GmbH and Enosi Mastichoparagogon Chiou.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Enosi Mastichoparagogon Chiou to pay the costs.
____________1 OJ C 2263, 3.8.2013.