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Case T-608/13: Judgment of the General Court of 13 May 2015 — easyGroup IP Licensing v OHIM — Tui (easyAir-tours) (Community trade mark — Opposition proceedings — Application for the Community figurative mark easyAir-tours — Earlier national figurative mark airtours Ticket Factory — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — No similarity between the signs — No likelihood of confusion — Power to alter decisions — Article 65(3) of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62013TA0608
62013TA0608
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29.6.2015
Official Journal of the European Union
C 213/32
(Case T-608/13)(1)
((Community trade mark - Opposition proceedings - Application for the Community figurative mark easyAir-tours - Earlier national figurative mark airtours Ticket Factory - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - No similarity between the signs - No likelihood of confusion - Power to alter decisions - Article 65(3) of Regulation No 207/2009))
(2015/C 213/54)
Language of the case: English
Parties
Applicant: easyGroup IP Licensing Ltd (London, United Kingdom) (represented by: J. Day and K. Osgerby, Solicitors)
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: Tui AG (Hanover, Germany) (represented by: D. von Schultz, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 5 September 2013 (Case R 1029/2012-1), relating to opposition proceedings between Tui AG and easyGroup IP Licensing Ltd.
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 5 September 2013 (Case R 1029/2012-1);
2.Dismisses the action as to the remainder;
3.Orders OHIM to bear its own costs and to pay those incurred by easyGroup IP Licensing Ltd;
4.Orders Tui AG to bear its own costs.
OJ C 24, 25.1.2014.