Judgment of the General Court of 21 May 2014 — Eni v OHIM — Emi (IP) (ENI)
(Case T-599/11) 1
(Community trade mark — Opposition proceedings — Application for the Community word mark ENI — Earlier Community figurative mark EMI — Likelihood of confusion — Similarity of the goods and services — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Partial refusal of registration)
Language of the case: English
Parties
Applicant: Eni SpA (Rome, Italy) (represented by: D. De Simone and G. Orsoni, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: C. Negro and D. Botis, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Emi (IP) Ltd (London, United Kingdom) (represented by: S. Malynicz, Barrister)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 8 September 2011 (Case R 2439/2010-1), relating to opposition proceedings between Emi (IP) Ltd and Eni SpA.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Eni SpA to pay the costs.
____________1 OJ C 32, 4.2.2012.