Judgment of the General Court of 30 May 2013 – DHL International v OHIM – Service Point Solutions (SERVICEPOINT)
(Case T-218/10) 1
(Community trade mark – Opposition proceedings – Application for Community figurative mark SERVICEPOINT – Earlier Community marks ServicePoint and earlier national marks – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) and Article 76(1) and (2) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: DHL International (Bonn, Germany) (represented: initially by K.-U. Jonas and J. Bogatz, then M. Viefhues, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, agent)
Other party to the proceedings before the Board of Appeal of OHIM: Service Point Solutions, SA (Barcelona, Spain) (represented: initially by E. Zamora Martinez, then C. Osterrieth, T. Schmitz and A. Doepner, and finally I. Valdelomar Serrano, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 25 February 2012 (Case R 62/2009-2) relating to opposition proceedings between Service Point Solutions, SA and SHL Operations BV.
Operative part of the judgment
The Court:
1. Dismisses the application;
2. Orders DHL International GmbH to pay the costs.
____________1 OJ C 195, 17.7.2010.