Judgment of the General Court of 19 June 2012 - H.Eich v OHIM - Arav (H.EICH)
(Case T-557/10)
(Community trade mark - Opposition proceedings - Application for Community word mark H.EICH - Earlier national figurative mark H SILVIAN HEACH - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: Italian
Parties
Applicant: H.Eich Srl (Signa, Italy) (represented by: D. Mainini, T. Rubin, A. Masetti Zannini de Concina, M. Bucarelli, G. Petrocchi and B. Passaretti, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Mannucci and R. Pethke, Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Arav Holding Srl (Palma Campania, Italy) (represented by: R. Bocchini, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 9 September 2010 (Case R 1411/2009-1) concerning opposition proceedings between Arav Holding Srl and H.Eich Srl.
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 9 September 2010 (Case R 1411/2009-1);
2. Orders OHIM to bear its own costs and pay those incurred by H.Eich Srl in the proceedings before the General Court;
3. Orders OHIM to pay the costs necessarily incurred for the purposes of the proceedings before the First Board of Appeal;
4. Orders Arav Holding Srl to bear its own costs.
____________1 - OJ C 30, 29.1.2011.