Judgment of the General Court of 11 June 2014 — Klingel v OHIM — Develey (JUNGBORN)
(Case T-401/12) 1
(Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark JUNGBORN — Earlier national word mark BORN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Robert Klingel OHG (Pforzheim, Germany) (represented by: T. Zeiher, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Develey Holding GmbH & Co. Beteiligungs KG (Unterhaching, Germany) (represented by: R. Kunz-Hallstein and H. Kunz-Hallstein, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 July 2012 (Case R 936/2011-4) relating to opposition proceedings between Develey Holding GmbH & Co. Beteiligungs KG and Robert Klingel OHG.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Robert Klingel OHG to pay the costs.
________________________1 OJ C 331, 27.10.2012.