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Case T-558/13: Judgment of the General Court of 4 March 2015 — FSA v OHIM — Motokit Veículos e Acessórios (FSA K-FORCE) (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)

ECLI:EU:UNKNOWN:62013TA0558

62013TA0558

March 4, 2015
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Official Journal of the European Union

C 127/25

(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

Parties

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)

Re:

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.

Operative part of the judgment

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.

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