Judgment of the General Court of 30 September 2015 — Tilda Riceland Private v OHIM — Siam Grains (BASmALI)
(Case T-136/14) 1
(Community trade mark — Opposition proceedings — Application for the Community figurative mark BASmALI — Earlier non-registered trade mark or earlier sign BASMATI — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Tilda Riceland Private Ltd (Gurgaon, India) (represented by: S. Malynicz, Barrister, N. Urwin and D. Sills, Solicitors)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos and P. Bullock, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Siam Grains Co. Ltd (Bangkok, Thailand)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 18 December 2013 (Case R 1086/2012-4) relating to opposition proceedings between Tilda Riceland Private Ltd and Siam Grains Co. Ltd.
Operative part of the judgment
The Court:
Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 December 2013 (Case R 1086/2012-4);
Orders OHIM to bear its own costs and to pay those incurred by Tilda Riceland Private Ltd.
____________1 OJ C 135, 5.5.2014.