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Case T-62/14: Order of the General Court of 21 January 2016 — BR IP Holder v OHIM — Greyleg Investments (HOKEY POKEY) (Community trade mark — Opposition proceedings — Application for Community word mark HOKEY POKEY — Unregistered earlier national word mark — Proof of use — Right to prohibit use of the mark sought — Article 8(4) of Regulation (EC) No 207/2009 — Right of a Member State — Obligation to state reasons — Raised by the Court of its own motion)
ECLI:EU:UNKNOWN:62014TA0062
62014TA0062
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Official Journal of the European Union
C 90/15
(Case T-62/14)(1)
((Community trade mark - Opposition proceedings - Application for Community word mark HOKEY POKEY - Unregistered earlier national word mark - Proof of use - Right to prohibit use of the mark sought - Article 8(4) of Regulation (EC) No 207/2009 - Right of a Member State - Obligation to state reasons - Raised by the Court of its own motion))
(2016/C 090/20)
Language of the case: English
Parties
Applicant: BR IP Holder LLC (Canton, Massachusetts, United States) (represented by: F. Traub, lawyer and C. Rohsler, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. Harrington, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Greyleg Investments Ltd (Baltonsborough, United Kingdom)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 22 November 2013 (Case R 1091/2012-4) relating to opposition proceedings between BR IP Holder LLC and Greyleg Investments Ltd.
Operative part of the order
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 22 November 2013 (Case R 1091/2012-4).
2.Orders OHIM to bear its own costs and to pay those incurred by BR IP Holder LLC.
(1)
OJ C 142, 12.5.2014.