Judgment of the General Court of 6 December 2013 – Premiere Polish v OHIM – Donau Kanol (ECOFORCE)
(Case T-361/12) 1
(Community trade mark – Opposition proceedings – Application for the Community word mark ECOFORCE – Earlier Community figurative mark ECO FORTE – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Premiere Polish Co. Ltd (Cheltenham, United Kingdom) (represented by: C. Jones and M. Carter, Solicitors)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. Harrington, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Donau Kanol GmbH & Co. KG (Ried im Traunkreis, Austria)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 June 2012 (Case R 851/2011-4), relating to opposition proceedings between Donau Kanol GmbH & Co. KG and Premiere Polish Co. Ltd.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Premiere Polish Co. Ltd to pay the costs.
________________________1 OJ C 319, 20.10.2012.