Judgment of the General Court of 26 June 2014 — Fundação Calouste Gulbenkian v OHIM — Gulbenkian (GULBENKIAN)
(Case T-541/11) 1
(Community trade mark — Opposition proceedings — Application for the Community word mark GULBENKIAN — Earlier well-known national mark, company name and national logos Fundação Calouste Gulbenkian — Relative grounds for refusal — Evidence of the existence of the earlier rights — Article 8(1)(b), (4) and (5) of Regulation (EC) No 207/2009 — Article 90(a) of the Rules of Procedure)
Language of the case: English
Parties
Applicant: Fundação Calouste Gulbenkian (Lisbon, Portugal) (represented by: G. Marín Raigal, P. López Ronda and G. Macias Bonilla, lawyers)
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: Micael Gulbenkian (Oeiras, Portugal) (represented by: J. Pimenta and A. Sebastião, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 15 July 2011 (Case R 1436/2010-2) relating to opposition proceedings between Fundação Calouste Gulbenkian and Mr Micael Gulbenkian.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Fundação Calouste Gulbenkian to pay the costs;
Orders Mr Micael Gulbenkian to refund to the Court of Justice of the European Union the sum of EUR 1 807.48 in accordance with Article 90(a) of the Rules of Procedure of the General Court.
________________________1 OJ C 362, 10.12.2011.