Judgment of the General Court of 27 March 2014 — Intesa Sanpaolo v OHIM — equinet Bank (EQUITER)
(Case T-47/12) 1
(Community trade mark — Opposition proceedings — Application for the Community figurative mark EQUITER — Earlier Community word mark EQUINET — Relative ground for refusal — Genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009 — Obligation to state reasons)
Language of the case: English
Parties
Applicant: Intesa Sanpaolo SpA (Turin (Italy)) (represented by: P. Pozzi, G. Ghisletti and F. Braga, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: equinet Bank AG (Frankfurt am Main (Germany))
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 6 October 2011 (Case R 2101/2010-1), relating to opposition proceedings between equinet Bank AG and Intesa Sanpaolo SpA.
Operative part of the judgment
The Court:
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 October 2011 (Case R 2101/2010-1);
Orders OHIM to bear its own costs and to pay those incurred by Intesa Sanpaolo SpA.
________________________1 OJ C 109, 14.4.12.