Judgment of the General Court of 14 May 2013 - Sanco v OHIM - Marsalman (Representation of a chicken)
(Case T-249/11)
(Community trade mark - Opposition proceedings - Application for Community figurative mark representing a chicken - Earlier national figurative mark representing a chicken - Relative ground for refusal - Similarity between goods and services - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: Spanish
Parties
Applicant: Sanco, SA (Barcelona, Spain) (represented by: A. Segura Roda, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carillo, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Marsalman, SL (Barcelona, Spain)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 17 February 2011 (Case R 1073/2010-2), concerning opposition proceedings between Sanco, SA and Marsalman, SL
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 17 February 2011 (Case R 1073/2010-2);
Dismisses the action as to the remainder;
Orders OHIM to pay the costs.
____________1 - OJ C 204, 9.7.2011.