Judgment of the General Court of 15 July 2011 - Zino Davidoff v OHIM - Kleinakis kai SIA (GOOD LIFE)
(Community trade mark - Opposition proceedings - Application for Community word mark GOOD LIFE - Earlier national word mark GOOD LIFE - Genuine use of the earlier mark - Duty of diligence - Article 74(1) of Regulation (EC) No 40/94 (now Article 76(1) of Regulation (EC) No 207/2009))
Language of the case: English
Parties
Applicant: Zino Davidoff SA (Fribourg, Switzerland) (represented by: H. Kunz-Hallstein and R. Kunz-Hallstein, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke and J. Laporta Insa, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: I. Kleinakis kai SIA OE (Athens, Greece) (represented by: K. Siotou, lawyer)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 30 November 2007 (Case R 298/2007-2), relating to opposition proceedings between I. Kleinakis kai SIA OE and Zino Davidoff SA.
Operative part of the judgment
The Court:
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 November 2007 (Case R 298/2007-2);
Orders OHIM to bear its own costs and to pay those incurred by Zino Davidoff SA;
Orders I. Kleinakis kai SIA OE to bear its own costs.
____________1 - OJ C 116, 9.5.2008.