Official Journal of the European Union

C 388/10

(Case T-195/12) (<span class="super">1</span>)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark nuna - Earlier Community word marks NANA and NANU-NANA - Relative ground for refusal - No likelihood of confusion - No similarity between the goods - Article 8(1)(b) of Regulation (EC) No 207/2009))

2014/C 388/11

Language of the case: English

Parties

Applicant: Nuna International BV (Erp, Netherlands) (represented by: A. Alpera Plazas, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Nanu-Nana Joachim Hoepp GmbH & Co. KG (Bremen, Germany) (represented by: A. Nordemann, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 15 February 2012 (Case R 476/2011-1), relating to opposition proceedings between Nanu-Nana Joachim Hoepp GmbH & Co. KG and Nuna International BV.

Operative part of the judgment

The Court:

1.Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 15 February 2012 (Case R 476/2011-1), relating to opposition proceedings between Nanu-Nana Joachim Hoepp GmbH & Co. KG and Nuna International BV, as regards the ‘strollers; buggies; safety car seats for children’ in Class 12 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, and the ‘baby walkers’ and ‘sleeping bags for baby and children’ in Class 20;

2.Dismisses the action as to the remainder;

3.Orders each party to bear its own costs.

(<span class="super">1</span>) OJ C 209, 14.7.2012.