Judgment of the General Court of 25 May 2011 - São Paulo Alpargatas v OHIM - Fischer (BAHIANAS LAS ORIGINALES)
(Community trade mark - Opposition proceedings - Application for Community figurative mark BAHIANAS LAS ORIGINALES - Earlier Community and national figurative trade marks havaianas and earlier national word mark HAVAIANAS - Relative ground for refusal - Likelihood of confusion - Similarity of signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: Spanish
Parties
Applicant: São Paulo Alpargatas, SA (São Paolo, Brazil) (represented by: P. Merino Baylos and A. Velázquez Ibáñez, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carillo, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Enrique Fischer (Buenos Aires, Argentina) (represented by: initially E. Rasche Aparicio, then M. de Justo Bailey, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 17 August 2009 (Case R 1477/2008-2), concerning opposition proceedings between São Paulo Alpargatas, SA and Enrique Fischer.
Operative part of the judgment
The Court:
1. 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 August 2009 (Case R 1477/2008-2);
2. Orders OHIM to pay its own costs and the costs incurred by São Paulo Alpargatas, SA;
3. Orders Enrique Fischer to pay his own costs.
____________1 - OJ C 297, 5.12.2009.