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Case T-143/11: Judgment of the General Court of 5 December 2012 — Consorzio vino Chianti Classico v OHIM — FFR (F.F.R.) (Community trade mark — Opposition proceedings — Application for a Community figurative mark ‘F.F.R.’ — Earlier national figurative marks CHIANTI CLASSICO — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) and 8(5) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62011TA0143
62011TA0143
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26.1.2013
Official Journal of the European Union
C 26/42
(Case T-143/11)(<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for a Community figurative mark ‘F.F.R.’ - Earlier national figurative marks CHIANTI CLASSICO - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) and 8(5) of Regulation (EC) No 207/2009)
2013/C 26/80
Language of the case: English
Parties
Applicant: Consorzio vino Chianti Classico (Radda in Chianti, Italy) (represented by: S. Corona, G. Ciccone and A. Loffredo, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by V. Melgar and G. Mannucci and subsequently by V. Melgar and D. Walicka, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Fédération française de rugby (FFR) (Marcoussis, France)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 10 January 2011 (Case R 43/2010-4), concerning opposition proceedings between Consorzio vino Chianti Classico and Fédération française de rugby (FFR).
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 10 January 2011 (Case R 43/2010-4) in so far as the Board of Appeal rejected the opposition based on Article 8(5) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark;
2.Dismisses the action as to the remainder;
3.Orders Consorzio vino Chianti Classico and OHIM each to bear the costs which they have incurred in the course of the proceedings before the General Court.
(<span class="super">1</span>) OJ C 152, 21.5.2011.