Judgment of the General Court of 21 November 2012 - Atlas v OHIM - Couleurs de Tollens (ARTIS)
(Case T-558/11)
(Community trade mark - Opposition proceedings - Application for Community word mark ARTIS - Earlier national word mark ARTIS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Atlas sp. z o.o. (Łódź, Poland) (represented by: R. Rumpel, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Couleurs de Tollens (Clichy, France) (represented by J.-G. Monin, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 28 July 2011 (Case R 1253/2010-1), relating to opposition proceedings between Couleurs de Tollens-Agora and Atlas sp. z o.o.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Atlas sp. z o.o. to pay the costs, including those incurred by Couleurs de Tollens during the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
____________1 - OJ C 13, 14.1.2012.