Judgment of the General Court of 26 September 2014 — Arnoldo Mondadori Editore v OHIM — Grazia Equity (GRAZIA)
(Case T-490/12) 1
(Community trade mark — Opposition proceedings — Application for Community word mark GRAZIA — Earlier national figurative mark GRAZIA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Lack of similarity between the goods — Article 8(5) of Regulation No 207/2009 — Reputation — No link between the marks at issue)
Language of the case: English
Parties
Applicant: Arnoldo Mondadori Editore SpA (Milan, Italy) (represented by: G. Dragotti, R. Valenti and S. Balice, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Schifko, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening between the General Court: Grazia Equity GmbH (Stuttgart, Germany) (represented by: M. Müller, lawyer)
Re:
Action for annulment of the decision of the Fourth Board of Appeal of OHIM of 6 September 2012 (Case R 1958/2010-4) relating to opposition proceedings between Arnoldo Mondadori Editore SpA and Grazia Equity GmbH.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Arnoldo Mondadori Editore SpA to pay the costs.
________________________1 OJ C 26, 26.1.2013.