Judgment of the General Court of 20 May 2014 — Argo Group International Holdings v OHIM — Arisa Assurances (ARIS)
(Case T-247/12) 1
(Community trade mark — Opposition proceedings — Application for Community figurative mark ARIS — Earlier Community figurative mark ARISA ASSURANCES S.A. — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Coexistence of earlier marks on the market — Principle of American law known as the ‘Morehouse defense’ — Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Argo Group International Holdings Ltd (Hamilton, Bermuda, United Kingdom) (represented by: R. Hoy, S. Levine and N. Edbrooke, Solicitors)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: L. Rampini, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Arisa Assurances SA (Luxembourg, Luxembourg) (represented by: H. Bock, lawyer)
Re:
Action against the decision of the Second Board of Appeal of OHIM of 9 March 2012 (Case R 193/2011-2), concerning opposition proceedings between Arisa Assurances SA and Argo Group International Holdings Ltd.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Argo Group International Holdings Ltd to pay the costs.
________________________1 OJ C 243, 11.8.2012.