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Case T-96/13: Judgment of the General Court of 28 October 2015 — Rot Front v OHIM — Rakhat (Маcка) (Community trade mark — Opposition proceedings — Application for Community figurative mark Маcка — Unregistered earlier national figurative mark Маcка — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 — Application by OHIM of national law)
ECLI:EU:UNKNOWN:62013TA0096
62013TA0096
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21.12.2015
Official Journal of the European Union
C 429/15
(Case T-96/13)(1)
((Community trade mark - Opposition proceedings - Application for Community figurative mark Маcка - Unregistered earlier national figurative mark Маcка - Relative ground for refusal - Article 8(4) of Regulation (EC) No 207/2009 - Application by OHIM of national law))
(2015/C 429/20)
Language of the case: English
Parties
Applicant: Rot Front OAO (Moscow, Russia) (represented initially by B. Térauda, and subsequently by O. Spuhler and M. Geitz, lawyers)
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: Rakhat AO (Almaty, Kazakhstan)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 28 November 2012 (Case R 893/2012-2) concerning opposition proceedings between Rot Front OAO and Rakhat AO.
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 November 2012 (Case R 893/2012-2);
2.Orders OHIM to bear its own costs and to pay those incurred by Rot Front OAO.
(1) OJ C 123, 27.4.2013.