Judgment of the General Court of 3 April 2014 — Debonair Trading Internacional v OHIM — Ibercosmetica (SÔ :UNIC)
(Case T-356/12) 1
(Community trade mark — Opposition proceedings — Application for the Community word mark SÔ :UNIC — Earlier Community and national word marks SO… ?, SO… ? ONE, SO… ? CHIC and non-registered word marks — Relative grounds for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion — Family of marks — Article 8(4) of Regulation No 207/2009 — Rule 15(2)(b)(iii) of Regulation (EC) No 2868/95 — Admissibility of the opposition)
Language of the case: English
Parties
Applicant: Debonair Trading Internacional Lda (Funchal, Portugal) (represented by: T. Alkin, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Ibercosmetica SA de CV (Mexico City, Mexico)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 4 June 2012 (Case R 1033/2011-4), relating to opposition proceedings between Debonair Trading Internacional Ldª and Ibercosmetica, SA de CV
Operative part of the judgment
The Court:
1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 June 2012 (Case R 1033/2011-4) in so far as the Board of Appeal rejected as inadmissible the opposition based on Article 8(4) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark with regard to the signs relied on by Debonair Trading Internacional Ldª so far as the United Kingdom and Ireland are concerned;
2. Dismisses the action as to the remainder;
3. Orders each party to bear its own costs.
________________________1 OJ C 311, 13.10.2012.