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Case T-444/12: Judgment of the General Court of 16 October 2014 — Novartis v OHIM — Tenimenti Angelini (LINEX) (Community trade mark — Opposition proceedings — Application for Community word mark LINEX — Earlier national word mark LINES PERLA — Relative ground for refusal — Likelihood of confusion — Article 76(1), in fine, of Regulation (EC) No 207/2009 — Article 8(1)(b) of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62012TA0444
62012TA0444
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24.11.2014
Official Journal of the European Union
C 421/32
(Case T-444/12) (<span class="super">1</span>)
((Community trade mark - Opposition proceedings - Application for Community word mark LINEX - Earlier national word mark LINES PERLA - Relative ground for refusal - Likelihood of confusion - Article 76(1), in fine, of Regulation (EC) No 207/2009 - Article 8(1)(b) of Regulation No 207/2009))
2014/C 421/44
Language of the case: English
Parties
Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Douglas, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Tenimenti Angelini SpA (Montalcino, Italy) (represented by: R. Almaraz Palmero, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 6 August 2012 (Case R 414/2011-4), relating to opposition proceedings between Tenimenti Angelini SpA and Novartis AG.
Operative part of the judgment
The Court:
1)Annuls the decision of the Fourth Board of Appeal of the Office for the Harmonisation of the Internal Market (Trade Marks and Designs) (OHIM) of 6 August 2012 (Case R 414/2011-4);
2)Orders OHIM to bear its own costs and pay those incurred by the applicant;
3)Orders the intervener to bear its own costs.
(<span class="super">1</span>) OJ C 399, 22.12.2012.