Judgment of the General Court of 23 January 2014 – Sunrider v OHIM – Nannerl (SUN FRESH)
(Case T-221/12) 1
(Community trade mark – Opposition proceedings – Application for the Community word mark SUN FRESH – Earlier Community, Benelux and national word and figurative marks SUNNY FRESH, SUNRIDER SUNNY FRESH and SUNNYFRESH – Relative ground for refusal – Proof of the genuine use of earlier marks – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: The Sunrider Corporation (Torrance, California, United States) (represented by: N. Dontas and E. Markakis, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Nannerl GmbH & Co. KG (Anthering bei Salzburg, Austria) (represented by: A. Thünken, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 26 March 2012 (Case R 2401/2010-4), relating to opposition proceedings between The Sunrider Corporation and Nannerl GmbH & Co. KG.
Operative part of the judgment
The Court:
Dismisses the action;
Orders The Sunrider Corporation to pay the costs.
____________1 OJ C 217, 21.7.2012.