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Case T-380/12: Judgment of the General Court of 13 February 2014 — Demon International v OHIM — Big Line (DEMON) (Community trade mark — Invalidity proceedings — Figurative Community trade mark DEMON — Prior international word mark DEMON — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Similarity of the signs — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62012TA0380
62012TA0380
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29.3.2014
Official Journal of the European Union
C 93/22
(Case T-380/12) (<span class="super">1</span>)
(Community trade mark - Invalidity proceedings - Figurative Community trade mark DEMON - Prior international word mark DEMON - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Similarity of the signs - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009)
2014/C 93/38
Language of the case: Italian
Parties
Applicant: Demon International (Orem, Utah, United States) (represented by: T. Krüger, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: F. Mattina, and subsequently by: L. Rampini, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Big Line Sas di Graziani Lorenzo (Thiene, Italy) (represented by: B. Osti, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 June 2012 (Case R 1845/2011-4) concerning invalidity proceedings between Demon International, LC and Big Line Sas di Graziani Lorenzo.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 20 June 2012 (Case R 1845/2001-4) insofar as it annulled in part the decision of the Cancellation Division and rejected the application for a declaration of invalidity of the Community trade mark No 6 375 398 concerning ‘ski masks’ and ‘snowboard masks’;
2.Dismisses the remainder of the action;
3.Orders Demon International, LC and Big Line Sas di Graziani Lorenzo to bear their own costs, including those incurred before the Board of Appeal;
4.Orders OHIM to bear its own costs.
(<span class="super">1</span>) OJ C 331, 27.10.2012.