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Case T-225/11: Judgment of the General Court of 20 February 2013 — Caventa v OHIM — Anson’s Herrenhaus (BERG) (Community trade mark — Opposition proceedings — Application for the Community figurative mark BERG — Earlier Community word mark Christian Berg — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62011TA0225
62011TA0225
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Official Journal of the European Union
C 108/22
(Case T-225/11)(<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark BERG - Earlier Community word mark Christian Berg - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 108/59
Language of the case: German
Parties
Applicant: Caventa AG (Rekingen, Switzerland) (represented initially by: J. Krenzel, then by T. Stein and A. Segler, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: R. Manea, then by D. Walicka, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Anson's Herrenhaus KG (Düsseldorf, Germany) (represented by: O Löffel and P. Lange, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 10 February 2011 (Case R 740/2010-1), relating to opposition proceedings between Anson’s Herrenhaus KG and Caventa AG.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Caventa AG to pay the costs.
(<span class="super">1</span>) OJ C 194, 2.7.2011.