Judgment of the General Court of 28 November 2013 – Lorenz Shoe Group v OHIM – Fuzhou Fuan Leather Plastics Clothing Making (Ganeder)
(Case T-374/09) 1
(Community trade mark – Opposition procedure – Application for Community word mark Ganeder – Earlier community word mark Ganter – Relative ground for refusal – Similarity of the signs – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Lorenz Shoe Group AG (Taufkirchen an der Pram, Austria) (represented initially by M. Douglas, subsequently by N. Hebeis, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke and A. Schifko, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Fuzhou Fuan Leather Plastics Clothing Making Co. Ltd (Cangshan Fuzhou, China) (represented by: A. Paschke, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 16 July 2009 (Case R 1289/2008-1), relating to an opposition procedure between shoe fashion group Lorenz AG and Fuzhou Fuan Leather Plastics Clothing Making Co. Ltd.
Operative part of the judgment
The Court:
1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 July 2009 (Case R 1289/2008-1);
2. Orders OHIM to bear its own costs and pay those incurred by Lorenz Shoe Group AG;
3. Orders Fuzhou Fuan Leather Plastics Clothing Making Co. Ltd to bear its own costs.
________________________1 OJ C 282, 21.11.2009.