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Case T-170/11: Judgment of the General Court of 12 July 2012 — Rivella International v OHIM — Baskaya di Baskaya Alim (BASKAYA) (Community trade mark — Opposition proceedings — Application for the Community figurative mark BASKAYA — Earlier international figurative mark Passaia — Proof of genuine use of the earlier mark — Relevant territory — Article 42(2) and (3) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62011TA0170
62011TA0170
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25.8.2012
Official Journal of the European Union
C 258/19
(Case T-170/11)(<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark BASKAYA - Earlier international figurative mark Passaia - Proof of genuine use of the earlier mark - Relevant territory - Article 42(2) and (3) of Regulation (EC) No 207/2009)
2012/C 258/33
Language of the case: German
Parties
Applicant: Rivella International AG (Rothrist, Switzerland) (represented initially by: C. Spintig, U. Sander and H. Förster, and subsequently by C. Spintig, S. Pietzcker and R. Jacobs, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Manea and G. Schneider, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Baskaya di Baskaya Alim e C. Sas (Grosseto, Italy) (represented by: H. Vogler, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 10 January 2011 (Case R 534/2010-4), relating to opposition proceedings between Rivella International AG and Baskaya di Baskaya Alim e C. Sas
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Rivella International AG to pay the costs.
(<span class="super">1</span>) OJ C 145, 14.5.2011.