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.
____________1 OJ C 355, 3.12.2011.