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Case T-692/14: Judgment of the General Court of 25 February 2016 — Puma v OHIM — Sinda Poland (Representation of an animal) (Community trade mark — Opposition proceedings — Application for figurative mark representing an animal — Earlier international figurative marks representing a puma — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62014TA0692
62014TA0692
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Official Journal of the European Union
C 118/29
(Case T-692/14) (1)
((Community trade mark - Opposition proceedings - Application for figurative mark representing an animal - Earlier international figurative marks representing a puma - Relative ground for refusal - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2016/C 118/32)
Language of the case: Polish
Parties
Applicant: Puma SE (Herzogenaurach, Germany) (represented by: P. González-Bueno Catalán de Ocón, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Sinda Poland Corporation sp. z o.o. (Warsaw, Poland) (represented by: M. Siciarek, J. Rasiewicz and J. Mrozowski, lawyers)
Re:
Action brought against the decision of the Fifth Board of Appeal of OHIM of 14 July 2014 (Case R 2214/2013-5), relating to opposition proceedings between Puma SE and Sinda Poland Corporation sp. z o.o.
Operative part of the judgment
The Court:
1.Annuls the decision of the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 14 July 2014 (Case R 2214/2013—5);
2.Orders OHIM to bear its own costs and to pay half of the costs incurred by Puma SE, including those necessarily incurred by Puma SE for the purposes of the proceedings before the Board of Appeal of OHIM;
3.Orders Sinda Poland Corporation sp. z o.o. to bear its own costs and to pay half of the costs incurred by Puma SE, including those necessarily incurred by Puma SE for the purposes of the proceedings before the Board of Appeal of OHIM.
(1) OJ C 409, 17.11.2014.