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Case C-381/12 P: Order of the Court (Sixth Chamber) of 6 June 2013 — I Marchi Italiani Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Osra SA (Appeal — Community trade mark — Community mark B. Antonio Basile 1952 — Earlier national mark BASILE — Application for a declaration of invalidity — Limitation in consequence of acquiescence — Regulation (EC) No 40/94 — Article 53(2) — Relative ground for refusal — Article 8(1) of that regulation — Likelihood of confusion)
ECLI:EU:UNKNOWN:62012CB0381
62012CB0381
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Official Journal of the European Union
C 225/49
(Case C-381/12 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Community mark B. Antonio Basile 1952 - Earlier national mark BASILE - Application for a declaration of invalidity - Limitation in consequence of acquiescence - Regulation (EC) No 40/94 - Article 53(2) - Relative ground for refusal - Article 8(1) of that regulation - Likelihood of confusion)
2013/C 225/86
Language of the case: Italian
Parties
Appellant: I Marchi Italiani Srl (represented by: L. Militerni and G. Militerni, avvocati)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent), Osra SA
Re:
Appeal lodged against the judgment of the General Court (Sixth Chamber) of 28 June 2012 in Case T-133/09 I Marchi Italiani and Basile v OHIM — Osra (B. Antonio Basile 1952) by which that court dismissed an action brought against the decision of the Second Board of Appeal of OHIM of 9 January 2009 (Case R 502/2008-2), concerning invalidity proceedings between Osra SA and I Marchi Italiani Srl — Misapplication of Article 135 of the Rules of Procedure of the General Court — Infringement of the principle of good faith — Limitation in consequence of acquiescence — Prerequisites for the limitation period to run — Likelihood of confusion — Incorrect assessment of the similarity of the marks at issue
Operative part of the order
1.The appeal is dismissed.
2.I Marchi Italiani Srl shall pay the costs.
(<span class="super">1</span>) OJ C 303, 6.10.2012
Language of the case: Italian