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Case T-846/14: Judgment of the General Court of 21 January 2016 — Spokey v OHIM — Leder Jaeger (SPOKeY) (Community trade mark — Invalidity proceedings — Community figurative mark SPOKeY — Earlier Community word mark SPOOKY — Declaration of partial invalidity — Article 53(1)(a) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 — Examination of evidence — Article 76(1) of Regulation No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62014TA0846
62014TA0846
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18.4.2016
Official Journal of the European Union
C 136/32
(Case T-846/14)(1)
((Community trade mark - Invalidity proceedings - Community figurative mark SPOKeY - Earlier Community word mark SPOOKY - Declaration of partial invalidity - Article 53(1)(a) of Regulation (EC) No 207/2009 - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009 - Examination of evidence - Article 76(1) of Regulation No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009))
(2016/C 136/46)
Language of the case: Polish
Parties
Applicant: Spokey sp. z o.o. (Katowice, Poland) (represented by: B. Matusiewicz-Kulig, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Zajfert and A. Folliard-Monguiral, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Leder Jaeger GmbH (Siegen, Germany)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 29 October 2014 (Case R 525/2014-4), relating to invalidity proceedings between Leder Jaeger GmbH and Spokey sp. z o.o.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Spokey sp. z o.o. to pay the costs.
OJ C 65, 23.2.2015.