Judgment of the General Court of 18 June 2013 – Otero González v OHIM – Apli-Agipa (APLI-AGIPA)
(Case T-522/11) 1
(Community trade mark – Opposition proceedings – Application for the Community word mark APLI-AGIPA – Earlier national word mark AGIPA – Relative ground for refusal – Likelihood of confusion – Comparison of the goods – Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: Spanish
Parties
Applicant: José Luis Otero González (Barcelona, Spain) (represented by: S. Correa, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Apli-Agipa SAS (Dormans, France) (represented by: E. Sugrañes Coca, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 13 July 2011 (Case R 1454/2010-2), relating to opposition proceedings between Mr José Luis Otero González and Apli-Agipa SAS
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 13 July 2011 (Case R 1454/2010-2) relating to opposition proceedings between Mr José Luis Otero González and Apli-Agipa SAS in so far as it upholds Apli-Agipa’s appeal and grants it registration of the Community word mark AGIPA in respect of the ‘photographs; adhesives for stationery or household purposes; paint brushes; office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks’ in Class 16 of the Nice Agreement concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks of 15 June 1957, as revised and amended;
2. Dismisses the action as to the remainder;
3. Orders OHIM to bear its own costs and to pay those incurred by Mr Otero González;
4. Orders Apli-Agipa to bear its own costs.
____________1 OJ C 13, 14.1.2012.