Judgment of the General Court of 2 February 2016 — Brammer v OHIM — Office Ernest T. Freylinger (EUROMARKER)
(Case T-683/13) 1
(Community trade mark — Opposition proceedings — Application for the Community word mark EUROMARKER — Earlier Community word mark EURIMARK — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Brammer GmbH (Vienna, Austria) (represented by: R. Kornfeld, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider and H. Kunz, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Office Ernest T. Freylinger SA (Strassen, Luxembourg)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 8 October 2013 (Case R 1653/2012-1), relating to opposition proceedings between Office Ernest T. Freylinger SA and Brammer GmbH
Operative part of the judgment
The Court:
1. Annuls, in part, the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 8 October 2013 (Case R 1653/2012-1) in so far as it was found in that decision that there was a likelihood of confusion as regards the services ‘providing access to database services for searching for the availability and specifications of community trademarks and designs’ in Class 38 covered by the mark applied for;
2. Dismisses the action as to the remainder;
3. Orders Brammer GmbH and OHIM to bear their own costs.
____________1 OJ C 61, 1.3.2014.