Language of document :

Judgment of the General Court of 28 November 2013 – Lorenz Shoe Group v OHIM – Fuzhou Fuan Leather Plastics Clothing Making (Ganeder)

(Case T-374/09) 1

(Community trade mark – Opposition procedure – Application for Community word mark Ganeder – Earlier community word mark Ganter – Relative ground for refusal – Similarity of the signs – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009)

Language of the case: German

Parties

Applicant: Lorenz Shoe Group AG (Taufkirchen an der Pram, Austria) (represented initially by M. Douglas, subsequently by N. Hebeis, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke and A. Schifko, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Fuzhou Fuan Leather Plastics Clothing Making Co. Ltd (Cangshan Fuzhou, China) (represented by: A. Paschke, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 16 July 2009 (Case R 1289/2008-1), relating to an opposition procedure between shoe fashion group Lorenz AG and Fuzhou Fuan Leather Plastics Clothing Making Co. Ltd.

Operative part of the judgment

The 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 16 July 2009 (Case R 1289/2008-1);

2.    Orders OHIM to bear its own costs and pay those incurred by Lorenz Shoe Group AG;

3.     Orders Fuzhou Fuan Leather Plastics Clothing Making Co. Ltd to bear its own costs.

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1     OJ C 282, 21.11.2009.