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(Case T-558/13)(1)
((Community trade mark - Invalidity proceedings - Community word mark FSA K-FORCE - Earlier Community word mark FORCE-X - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009))
(2015/C 127/34)
Language of the case: English
Applicant: FSA Srl (Busnago, Italy) (represented by: M. Locatelli and M. Cartella, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Motokit Veículos e Acessórios, SA (Vagos, Portugal)
Action brought against the decision of the Second Board of Appeal of OHIM of 5 August 2013 (Case R 436/2012-2), relating to invalidity proceedings between Motokit Veículos e Acessórios, SA and FSA Srl.
The Court:
1)Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 5 August 2013 (Case R 436/2012-2);
2)Orders OHIM to pay the costs.
OJ C 24, 25.1.2014.