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Case C-196/11 P: Judgment of the Court (Third Chamber) of 24 May 2012 — Formula One Licensing BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Global Sports Media Ltd (Appeal — Community trade mark — Figurative mark ‘F1-Live’ — Opposition by the proprietor of international and national word marks F1 and Community figurative mark F1 Formula 1 — Lack of distinctive character — Descriptive element — Removal of the protection provided to an earlier national trade mark — Likelihood of confusion)
ECLI:EU:UNKNOWN:62011CA0196
62011CA0196
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Valentina R., lawyer
7.7.2012
Official Journal of the European Union
C 200/4
(Case C-196/11 P) (<a id="ntc1-C_2012200EN.01000401-E0001" href="#ntr1-C_2012200EN.01000401-E0001"> (<span class="super">1</span>)</a>
(Appeal - Community trade mark - Figurative mark ‘F1-Live’ - Opposition by the proprietor of international and national word marks F1 and Community figurative mark F1 Formula 1 - Lack of distinctive character - Descriptive element - Removal of the protection provided to an earlier national trade mark - Likelihood of confusion)
2012/C 200/06
Language of the case: English
Parties
Appellant: Formula One Licensing BV (represented by: K. Sandberg and B. Klingberg, Rechtsanwältinnen)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent), Global Sports Media Ltd (represented by: T. de Haan, avocet)
Re:
Appeal brought against the judgment of the General Court (Eighth Chamber) of 17 February 2011 in Case T-10/09 (Formula One Licensing v OHIM) by which the General Court dismissed an action for annulment brought by the proprietor of Community and national word and figurative marks ‘F1’, ‘F1 Formula 1’, ‘F1 Racing Simulation’, ‘F1 Pole Position’, and ‘F1 Pit Stop Café’, in respect of goods and services in Classes 16, 38, and 41, against Decision R 7/2008-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 16 October 2008, annulling the decision of the Opposition Division refusing the registration of the figurative mark ‘F1-Live’, for goods and services in Classes 16, 38, and 41, in the context of the applicant’s opposition — Interpretation and application of Article 8(1)(b) and 8(5) of Regulation (EC) No 40/94 (now Article 8(1)(b), and Article 8(5), of Regulation (EC) No 207/2009)
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 17 February 2011 in Case T-10/09 Formula One Licensing v OHIM — Global Sports Media (F1-LIVE);
2.Refers the case back to the General Court of the European Union;
3.Reserves the costs.
(<a id="ntr1-C_2012200EN.01000401-E0001" href="#ntc1-C_2012200EN.01000401-E0001">(<span class="super">1</span>)</a> OJ C 179, 18.6.2011).