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Case C-655/11 P: Judgment of the Court (Second Chamber) of 21 February 2013 — Seven for all mankind LLC v Seven SpA — Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Opposition proceedings — Earlier word mark — Element ‘SEVEN’ — Similarity of the signs — Likelihood of confusion — Relative ground for refusal)
ECLI:EU:UNKNOWN:62011CA0655
62011CA0655
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Official Journal of the European Union
C 114/16
(Case C-655/11 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Opposition proceedings - Earlier word mark - Element ‘SEVEN’ - Similarity of the signs - Likelihood of confusion - Relative ground for refusal)
2013/C 114/23
Language of the case: English
Parties
Appellant: Seven for all mankind LLC (represented by: A. Gautier-Sauvagnac and B. Guimberteau, avocats)
Other parties to the proceedings: Seven SpA (represented by: L. Trevisan, avvocato), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)
Re:
Appeal against the judgment of the General Court (Sixth Chamber) of 6 October 2011 in Case T-176/10 SEVEN v OHIM — SEVEN FOR ALL MANKIND, by which that Court annulled Decision R 1514/2008-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 28 January 2010 rejecting the action against the decision annulling the decision of the Opposition Division which rejected in part the opposition filed by the owner of the Community and international figurative marks containing the word element ‘Seven’ in respect of goods within Classes 3, 9, 12, 14, 15, 16, 18, 20, 25 and 28, against the registration of the word mark ‘SEVEN FOR ALL MANKIND’ in respect of goods within Classes 14 and 18 — Interpretation and application of Article 8(1)(b) of Regulation No 207/2009 — Factors to be taken into account when assessing the similarity of the signs
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Seven for all mankind LLC to bear its own costs and to pay those incurred by Seven SpA;
3.Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to bear its own costs.
(<span class="super">1</span>) OJ C 65, 3.3.2012.