Order of the General Court (Sixth Chamber) of 14 January 2015 — Bolívar Cerezo v OHIM — Renovalia Energy (RENOVALIA)
(Case T‑166/12)
Community trade mark — Opposition proceedings — Application for Community word mark RENOVALIA — Earlier national word marks RENOVA ENERGY and RENOVAENERGY — Partial refusal to register — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
1. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Direction issued to the Office — Exclusion (Council Regulation No 207/2009, Art. 65(6)) (see para. 16)
2. Actions for annulment — Contested act — Assessment of legality in the light of the information available at the time of adoption of the measure (Art. 263 TFEU) (see paras 21, 22, 24, 25)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 26 January 2012 (Case R 663/2011-1), relating to opposition proceedings between Renovalia Energy, SA and Mr Juan Bolívar Cerezo. |
Operative part
1. | | The action is dismissed. |
2. | | Mr Juan Bolívar Cerezo is ordered to pay the costs. |