Judgment of the General Court of 22 September 2011 - ara v OHIM - Allrounder (A with two rectangular motifs)
(Community trade mark - Opposition procedure - International registration covering the European Community - Figurative mark A with two triangular motifs - Earlier national word mark A - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: French
Parties
Applicant: ara AG (Langenfeld, Germany) (represented initially by M. Gial, then by M. Gial and H. Pernez, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Allrounder SARL (Sarrebourg, France) (represented by: N. Boespflug, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 26 January 2010 (Case R 481/2009-1) concerning opposition proceedings between ara AG and Allrounder SARL.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders ara AG to pay the costs.
____________1 - OJ C 179, 3.7.2010.