Judgment of the General Court of 13 June 2012 - XXXLutz Marken v OHIM - Meyer Manufacturing (CIRCON)
(Case T-542/10)
(Community trade mark - Opposition proceedings - Application for Community word mark CIRCON - Prior Community word mark CIRCULON - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Highly distinctive character - Goodwill - Article 8(1)(b) of Regulation (EC) No 207/2009 - Procedure before the Board of Appeal - Rights of the defence - Articles 75 and 76 of Regulation No 207/2009)
Language of the case: German
Parties
Applicant: XXXLutz Marken GmbH (Wels, Austria) (represented by: H. Pannen, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: R. Manea, and subsequently by: K. Klüpfel, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Meyer Manufacturing Co. Ltd (Kowloon, Hong Kong) (represented by: M. Fiedler, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 3 September 2010 (Case R 40/2010-1) concerning opposition proceedings between Meyer Manufacturing Co. Ltd and XXXLutz Marken GmbH.
Operative part of the judgment
The Court:
1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 September 2010 (Case R 40/2010-1);
2. Orders OHIM to bear its own costs and to pay those incurred by XXXLutz Marken GmbH;
3. Orders Meyer Manufacturing Co. Ltd to bear its own costs.
____________1 - OJ C 30, 29.1.2011.