Judgment of the General Court of 6 September 2013 – Eurocool Logistik v OHIM – Lenger (EUROCOOL)
(Case T-599/10) 1
(Community trade mark – Opposition proceedings – Application for the Community word mark EUROCOOL – Earlier national figurative mark EUROCOOL LOGISTICS – Relative ground for refusal – Likelihood of confusion – Similarity of the services – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 – Right to a fair hearing)
Language of the case: German
Parties
Applicant: Eurocool Logistik GmbH (Linz, Austria) (represented by: G. Secklehner and C. Ofner, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially R. Manea, subsequently K. Klüpfel, and then K. Klüpfel and A. Schifko, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Peter Lenger (Weinheim, Germany) (represented by: F. Pfefferkorn, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 14 October 2010 (Case R 451/2010-1), relating to opposition proceedings between Eurocool Logistik GmbH and Mr Peter Lenger
Operative part of the judgment
The Court:
1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 14 October 2010 (Case R 451/2010-1) in so far as it concerns the services, referred to in the trade mark application, of ‘development of software for the storage, commissioning and transport of chilled and frozen goods’ in Class 42 of the Nice Agreement concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks of 15 June 1957, as revised and amended, and the ‘services of a freight forwarding company’, in Class 39 of that agreement, covered by the earlier mark;
2. Rejects the opposition in so far as it concerns the services referred to in point 1;
3. Dismisses the action as to the remainder;
4. Orders Eurocool Logistik GmbH, OHIM and Mr Peter Lenger each to bear their own respective costs incurred in the course of the proceedings before the Court;
5. Orders OHIM to pay half of the costs incurred by Eurocool Logistik in the course of the proceedings before the Board of Appeal.
________________________1 OJ C 72, 5.3.2011.