Judgment of the General Court of 18 November 2014 — Repsol v OHIM — Adell Argiles (ELECTROLINERA)
(Case T-308/13) 1
(Community trade mark — Opposition proceedings — Application for Community word mark ELECTROLINERA — Earlier national word mark ELECTROLINERA — Relative grounds for refusal — Likelihood of confusion − Article 8(1)(b) of Regulation (EC) No 207/2009)Language of the case: SpanishPartiesApplicant: Repsol, SA (Madrid, Spain) (represented by: J.-B. Devaureix and L. Montoya Terán, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. C
onfusion − Article 8(1)(b) of
Regulati
on (EC) No 207/2009)Language of the case: SpanishPartiesApplicant: Repsol, SA (Madrid, Spain) (repre
rought against the decision of the First Board of Appeal of OHIM of 7 March 2013 (Case R 1565/2012-1), relating to opposition proceedings between Mr Josep María Adell Argiles and Repsol, SA.Operative part of the judgme
ntThe Court:1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM) of 7 March 2013 (Case R 1565/2012 1), relating to opposition proceedi
ngs
between Mr Josep María Adell Argiles and Repsol, SA. In so far as concerns the ‘industrial oils and greases; lubricants; fuels (including motor spirit)’ in Class 4 of the Nice Agreement concerning th
e International Classification
of Goods an
d Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;2. Dismisses the action as to the remainder;3. Orders each party to bear its own costs.