Judgment of the General Court of 12 July 2012 - Rivella International v OHIM - Baskaya di Baskaya Alim (BASKAYA)
(Case T-170/11)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark BASKAYA - Earlier international figurative mark Passaia - Proof of genuine use of the earlier mark - Relevant territory - Article 42(2) and (3) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Rivella International AG (Rothrist, Switzerland) (represented initially by: C. Spintig, U. Sander and H. Förster, and subsequently by C. Spintig, S. Pietzcker and R. Jacobs, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Manea and G. Schneider, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Baskaya di Baskaya Alim e C. Sas (Grosseto, Italy) (represented by: H. Vogler, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 10 January 2011 (Case R 534/2010-4), relating to opposition proceedings between Rivella International AG and Baskaya di Baskaya Alim e C. Sas
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Rivella International AG to pay the costs.
____________1 - OJ C 145, 14.5.2011.