Judgment of the General Court of 2 February 2012 - Almunia Textil v OHIM - FIBA-Europe (EuroBasket)

(Case T-596/10) 

(Community trade mark - Opposition proceedings - Application for Community word mark EuroBasket - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

Language of the case: German

Parties

Applicant: Almunia Textil, SA (La Almunia de Doña Godina, Spain) (represented by: J.E. Astiz Suárez, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Manea, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: FIBA-Europe eV (Munich, Germany) (represented by: T. Hogh Holub, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 October 2010 (Case R 280/2010-1) concerning opposition proceedings between Almunia Textil, SA and FIBA-Europe eV.

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders Almunia Textil, SA to bear its own costs and to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and FIBA-Europe eV including, in respect of the latter, the unavoidable costs incurred for the purposes of the proceedings before the Board of Appeal.

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¹ - OJ C 80, 12.3.2011.