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Case T-47/12: Judgment of the General Court of 27 March 2014 — Intesa Sanpaolo v OHIM — equinet Bank (EQUITER) (Community trade mark — Opposition proceedings — Application for the Community figurative mark EQUITER — Earlier Community word mark EQUINET — Relative ground for refusal — Genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009 — Obligation to state reasons)
ECLI:EU:UNKNOWN:62012TA0047
62012TA0047
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19.5.2014
Official Journal of the European Union
C 151/17
(Case T-47/12)(<span class="super">1</span>)
((Community trade mark - Opposition proceedings - Application for the Community figurative mark EQUITER - Earlier Community word mark EQUINET - Relative ground for refusal - Genuine use of the earlier mark - Article 42(2) of Regulation (EC) No 207/2009 - Obligation to state reasons))
2014/C 151/22
Language of the case: English
Parties
Applicant: Intesa Sanpaolo SpA (Turin (Italy)) (represented by: P. Pozzi, G. Ghisletti and F. Braga, lawyers)
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: equinet Bank AG (Frankfurt am Main (Germany))
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 6 October 2011 (Case R 2101/2010-1), relating to opposition proceedings between equinet Bank AG and Intesa Sanpaolo SpA.
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 6 October 2011 (Case R 2101/2010-1);
2.Orders OHIM to bear its own costs and to pay those incurred by Intesa Sanpaolo SpA.
(<span class="note">1</span>) OJ C 109, 14.4.12.