Judgment of the General Court of 3 December 2014 — Max Mara Fashion Group v OHIM — Mackays Stores (M&Co.)
(Case T-272/13) 1
(Community trade mark — Opposition proceedings — Application for Community figurative mark M&Co. — Earlier Community and national figurative marks MAX&Co. — Earlier national word mark MAX&CO. — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Max Mara Fashion Group Srl (Turin, Italy) (represented by: F. Terrano, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Mackays Stores Ltd (Renfrew, United Kingdom) (represented by: A. Gould and K. Passmore, Solicitors, J. Baldwin, Barrister, and M. Howe QC)
Re:
Action for the annulment of the decision of the Second Board of Appeal of OHIM of 7 March 2013 (Case R 1199/2012-2), relating to opposition proceedings between Max Mara Fashion Group Srl and Mackays Stores Ltd.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Max Mara Fashion Group Srl to pay the costs.
________________________1 OJ C 207, 20.7.2013.