Judgment of the General Court of 9 April 2014 — Elite Licensing v OHIM — Aguas De Mondariz Fuente del Val (elite BY MONDARIZ)
(Case T-386/12) 1
(Community trade mark — Opposition proceedings — Application for a Community figurative mark elite BY MONDARIZ — Earlier Community and international figurative marks ELITE — Language of appeal proceedings — Time-limits — Admissibility of an appeal to the Board of Appeal — Rule 48(2), Rule 49(1) and Rule 96(1) of Regulation (EC) No 2868/95 — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Damage to reputation — Article 8(5) of Regulation No 207/2009)
Language of the case: Spanish
Parties
Applicant: Elite Licensing Company SA (Fribourg, Switzerland) (represented by: J. Albrecht, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Aguas De Mondariz Fuente del Val, SL (Mondariz, Spain) (represented by: T. Andrade Boué, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of OHIM of 6 June 2012 (Case R 9/2011-5), relating to invalidity proceedings between Elite Licensing Company SA and Aguas de Mondariz Fuente del Val, SL.
Operative part of the judgment
The Court:
1. Annuls the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 June 2012 (Case R 9/2011-5), relating to invalidity proceedings between Elite Licensing Company SA and Aguas de Mondariz Fuente del Val, SL;
2. Orders OHIM to pay, in addition to its own costs, the costs incurred by Elite Licensing Company;
3. Orders Aguas de Mondariz Fuente del Val to pay its own costs.
________________________1 OJ C 355, 17.11.2012.