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Case T-451/11: Judgment of the General Court of 15 January 2013 — Gigabyte Technology v OHIM — Haskins (Gigabyte) (Community trade mark — Opposition proceedings — Application for Community word mark Gigabyte — Earlier Community word mark GIGABITER — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62011TA0451
62011TA0451
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23.2.2013
Official Journal of the European Union
C 55/11
(Case T-451/11)(<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for Community word mark Gigabyte - Earlier Community word mark GIGABITER - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 55/18
Language of the case: English
Parties
Applicant: Gigabyte Technology Co., Ltd (Taipei, Taiwan) (represented by: F. Schwerbrock, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Robert A. Haskins (Quakertown, Pennsylvania, United States)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 20 May 2011 (Case R 2047/2010-2), concerning opposition proceedings between Robert A. Haskins and Gigabyte Technology Co., Ltd.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Gigabyte Technology Co., Ltd to pay the costs.
(<span class="super">1</span>) OJ C 298, 8.10.2011.