Judgment of the General Court of 14 May 2014 — Adler Modemärkte v OHIM — Blufin (MARINE BLEU)
(Case T-160/12) 1
(Community trade mark — Opposition proceedings — Application for Community word mark MARINE BLEU — Earlier Community word mark BLUMARINE –Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Adler Modemärkte AG (Haibach, Germany) (represented by: J.-C. Plate and R. Kaase, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka and G. Schneider, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Blufin SpA (Carpi, Italy) (represented by: F. Caricato, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 3 February 2012 (case R 1955/2010-2) relating to opposition proceedings between Blufin SpA and Adler Modemärkte AG.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. orders Adler Modemärkte AG to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs);
3. orders Blufin SpA to bear its own costs.
________________________1 OJ C 184, 23.6.2012.