Judgment of the General Court of 10 November 2011 - Esprit International v OHIM - Marc O'Polo International (Representation of a letter on a pocket)
(Case T-22/10)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark consisting of the representation of a letter on a pocket - Earlier national figurative mark representing a letter - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Esprit International LP (New York, New York, United States) (represented by: M. Treis and E.-M. Strobel, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially, S. Schäffner, and subsequently, G. Schneider, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Marc O'Polo International GmbH (Stephanskirchen, Germany) (represented by: A. Gaul, V. Spitz, T. Golda and S. Kirschstein-Freund, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 19 November 2009 (Case R 1666/2008-4), relating to opposition proceedings between Marc O'Polo International GmbH and Esprit International LP.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Esprit International LP to pay the costs.
____________1 - OJ C 100, 17.4.2010.