Judgment of the General Court of 9 April 2014 — MHCS v OHIM — Ambra (DORATO)
(Case T-249/13) 1
(Community trade mark — Opposition proceedings — Application for the Community figurative mark DORATO — Earlier Community and national figurative trade marks representing bottle neck labels — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Rule 50(1) of Regulation (EC) No 2868/95)
Language of the case: English
Parties
Applicant: MHCS (Épernay, France) (represented by: P. Boutron, N. Moya Fernández and L.-É. Balleydier, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, N. Bambara and A. Folliard-Monguiral, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Ambra SA (Warsaw, Poland) (represented by: M. KaczanParchimowicz, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 19 February 2013 (Case R 1877/2011-2), relating to opposition proceedings between MHCS and Ambra SA.
Operative part of the judgment
The Court:
Dismisses the action;
Orders MHCS to pay the costs, including the costs necessarily incurred by Ambra SA for the purposes of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
________________________1 OJ C 207, 20. 7. 2013.