Judgment of the General Court of 4 June 2015 — Stayer Ibérica v OHIM — Korporaciya ‘Masternet’ (STAYER)
(Case T-254/13) 1
(Community trade mark — Invalidity proceedings — Community figurative mark STAYER — Earlier international word mark STAYER — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation No 207/2009)
Language of the case: English
Parties
Applicant: Stayer Ibérica, SA (Pinto, Spain) (represented by: S. Rizzo, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: ZAO Korporaciya ‘Masternet’ (Moscow, Russia) (represented by: N. Bürglen, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 4 March 2013 (Case R 2196/2011-2), concerning invalidity proceedings between ZAO Korporaciya ‘Masternet’ and Stayer Ibérica, SA.
Operative part of the judgment
The Court:
1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 March 2013 (Case R 2196/2011-2) to the extent that it has declared the Community figurative mark STAYER invalid in respect of ‘parts of cutting and polishing diamond machines; bits and cutting wheels for the following industries: marble, granite, stone, clay, slabs, tiles and brick, and, in general terms, cutting tools as parts of the equipment included in Class 7’ in Class 7 and ‘hand held abrasive items (wheels and grinding wheels)’ in Class 8;
2. Dismisses the action as to the remainder;
3. Orders OHIM, Stayer Ibérica, SA and ZAO Korporaciya ‘Masternet’ to bear their own costs.
________________________1 OJ C 207, 20.7.2013.