Judgment of the General Court of 15 July 2015 — Knauf Insulation Technology v OHIM — Saint Gobain Cristalería (ECOSE TECHNOLOGY)
(Case T-324/12) 1
(Community trade mark — Opposition proceedings — International registration designating the European Community — Figurative mark ECOSE TECHNOLOGY — Earlier national word mark ECOSEC FACHADAS — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Knauf Insulation Technology (Visé, Belgium) (represented by: K. Manhaeve, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Saint Gobain Cristalería, SL (Madrid, Spain) (represented by M. Montañá, S Sebé and I. Carulla, lawyers)
Re:
Action brought against the decision of the Fifth Board of Appeal of OHIM of 4 May 2012 (Cases R 1193/2011-5 and R 1426/2011-5) relating to opposition proceedings between Saint Gobain Cristalería, SL and Knauf Insulation.
Operative part of the judgment
The Court:
Annuls the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 May 2012 (Cases R 1193/2011-5 and R 1426/2011-5) in so far as the Board of Appeal dismissed the action brought by Knauf Insulation Technology and annulled the decision of the Opposition Division;
2. Orders OHIM to bear its own costs and to pay half of the costs incurred by Knauf Insulation Technology;
3. Orders Saint Gobain Cristalería, SL to bear its own costs and to pay half of the costs incurred by Knauf Insulation Technology.
____________1 OJ C 295, 29.9.2012.