Judgment of the General Court of 15 March 2016 — Nezi v OHIM — Etam (E)
(Case T-645/13) 1
(Community trade mark — Opposition proceedings — Application for Community figurative mark E — Earlier Community figurative mark E — Relative grounds for refusal — Likelihood of confusion — Reputation — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009)
Language of the case: Greek
Parties
Applicant: Evcharis Nezi (Mykonos, Greece) (represented by: A. Salkitzoglou, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos and D. Botis, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Etam SAS (Clichy, France) (represented by: G. Barbaut and A. Champanhet, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 October 2013 (Case R 329/2013-4), relating to opposition proceedings between Etam SAS and Mrs Evcharis Nezi.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Dismisses the cross-claim;
3. Orders Mrs Evcharis Nezi and Etam SAS to each bear half of the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), and to each pay their own costs.
____________1 OJ C 61, 1.3.2014.