Judgment of the General Court of 17 February 2011 - Annco v OHIM - Freche et fils (ANN TAYLOR LOFT)
(Community trade mark - Opposition proceedings - Application for the Community word mark ANN TAYLOR LOFT - Earlier national word mark LOFT - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Annco, Inc. (Wilmington, Delaware, United States) (represented by: G. Triet, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Freche et fils associés (Paris, France)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 1 July 2009 (Case R 1485/2008-1), relating to opposition proceedings between Freche et fils associés and Annco, Inc.
Operative part of the judgment
The Court:
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 1 July 2009 (Case R 1485/2008-1);
Declares that the remainder of the action is inadmissible;
Orders OHIM to pay the costs.
____________1 - OJ C 282, 21.11.2009.