Judgment of the General Court of 15 December 2010 - Bianchin v OHIM - Grotto (GASOLINE)
(Community trade mark - Invalidity proceedings - Community word mark GASOLINE - Earlier Community figurative mark GAS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: Italian
Parties
Applicant: Luciano Bianchin (Asolo, Italy) (represented by: G. Massa and P. Massa, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Grotto SpA (Chiuppano, Italy) (represented by: F. Jacobacci, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 13 July 2009 (Case R 1455/2008-2) relating to invalidity proceedings between Grotto SpA and Luciano Bianchin.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Luciano Bianchin to pay the costs.
____________1 - OJ C 282, 21.11.2009.