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Case T-221/12: Judgment of the General Court of 23 January 2014 — Sunrider v OHIM — Nannerl (SUN FRESH) (Community trade mark — Opposition proceedings — Application for the Community word mark SUN FRESH — Earlier Community, Benelux and national word and figurative marks SUNNY FRESH, SUNRIDER SUNNY FRESH and SUNNYFRESH — Relative ground for refusal — Proof of the genuine use of earlier marks — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62012TA0221
62012TA0221
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Official Journal of the European Union
C 71/18
(Case T-221/12) (*)
(Community trade mark - Opposition proceedings - Application for the Community word mark SUN FRESH - Earlier Community, Benelux and national word and figurative marks SUNNY FRESH, SUNRIDER SUNNY FRESH and SUNNYFRESH - Relative ground for refusal - Proof of the genuine use of earlier marks - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
(2014/C 71/31)
Language of the case: English
Parties
Applicant: The Sunrider Corporation (Torrance, California, United States) (represented by: N. Dontas and E. Markakis, lawyers)
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: Nannerl GmbH & Co. KG (Anthering bei Salzburg, Austria) (represented by: A. Thünken, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 26 March 2012 (Case R 2401/2010-4), relating to opposition proceedings between The Sunrider Corporation and Nannerl GmbH & Co. KG.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders The Sunrider Corporation to pay the costs.
(*)
Language of the case: English
OJ C 217, 21.7.2012.