Judgment of the General Court of 10 June 2015 — AgriCapital v OHIM — agri.capital (AGRI.CAPITAL)
(Case T-514/13) 1
(Community trade mark — Opposition proceedings — Application for Community word mark AGRI.CAPITAL — Earlier Community word marks AgriCapital and AGRICAPITAL — Relative ground for refusal — No similarity between the services — Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: AgriCapital Corp. (New York, United States) (represented by: P. Meyer and M. Gramsch, lawyers)
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, intervening before the General Court: agri.capital GmbH (Münster, Germany) (represented by: A. Nordemann-Schiffel, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 10 July 2013 (Case R 2236/2012-2), relating to opposition proceedings between AgriCapital Corp. and agri.capital GmbH.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders AgriCapital Corp. to pay the costs.
________________________1 OJ C 352, 30.11.2013.