Language of document :

Judgment of the General Court of 25 June 2013 – Aldi v OHIM – Dialcos (dialdi)

(Case T-505/11) 1

(Community trade mark – Opposition proceedings – Application for Community figurative trade mark dialdi – Earlier Community word mark ALDI – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009))

Language of the case: English

Parties

Applicant: Aldi GmbH & Co. KG (Mülheim an der Ruhr, Germany) (represented by: N. Lützenrath, U. Rademacher, L. Kolks and C. Fürsen, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Dialcos SpA (Due Carrare, Italy) (represented by: B. Saguatti, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 5 July 2011 (Case R 1097/2010-2), concerning opposition proceedings between Aldi GmbH & Co. KG and Dialcos SpA.

Operative part of the judgment

The Court:

1.    Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 5 July 2011 (Case R 1097/2010-2).

2.    Orders OHIM to pay its own costs and also those incurred by Aldi GmbH & Co. KG.

3.    Orders Dialcos SpA to pay its own costs.

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1     OJ C 355, 3.12.2011.