Judgment of the General Court of 15 July 2015 — The Smiley Company v OHIM — The Swatch Group Management Services (HAPPY TIME)
(Case T-352/14) 1
(Community trade mark — Opposition proceedings — Application for Community word mark HAPPY TIME — Earlier international word mark HAPPY HOURS — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: I.-M. Helbig, P. Hansmersmann and S. Rengshausen, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: The Swatch Group Management Services AG (Biel, Switzerland)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 6 February 2014 (Case R 1497/2013-1), relating to opposition proceedings between The Swatch Group Management Services AG and The Smiley Company SPRL.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders The Smiley Company SPRL to pay the costs.
____________1 OJ C 245, 28.7.2014.