Judgment of the General Court of 10 November 2011 - Three-N-Products Private v OHIM - Shah (AYUURI NATURAL)

(Case T-313/10) 

(Community trade mark - Opposition proceedings - Application for Community word mark AYUURI NATURAL - Earlier Community word and figurative marks AYUR - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

Language of the case: English

Parties

Applicant: Three-N-Products Private Ltd (New Delhi, India) (represented by: C. Jäger, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)

Other parties to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Sheilesh Shah (Wembley, United Kingdom); and Akhil Shah (Wembley) (represented by: M. Chapple, Barrister)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 1 June 2010 (case R 1005/2009-4), relating to opposition proceedings between (i) Three-N-Products Private Ltd and (ii) S. Shah, A. Shah and Mr M. Shah.

Operative part of the order

1.    Annuls the decision of the Fourth Board of Appeal of the Office for the Harmonisation of the Internal Market (Trade Marks and Designs) of 1 June 2010 (case R 1005/2009-4);

2.    Orders OHIM to pay its own costs and those of Three-N-Products Private Ltd;

3.    Orders Sheleish Shah and Akhil Shah to bear their own costs and the costs necessarily incurred by Three-N-Products Private Ltd for the purposes of the proceedings before the Fourth Board of Appeal.

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¹ - OJ C 260, 25.9.2010.