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Case T-308/13: Judgment of the General Court of 18 November 2014 — Repsol v OHIM — Adell Argiles (ELECTROLINERA) (Community trade mark — Opposition proceedings — Application for Community word mark ELECTROLINERA — Earlier national word mark ELECTROLINERA — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62013TA0308
62013TA0308
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12.1.2015
Official Journal of the European Union
C 7/33
(Case T-308/13) (<span class="super">1</span>)
((Community trade mark - Opposition proceedings - Application for Community word mark ELECTROLINERA - Earlier national word mark ELECTROLINERA - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2015/C 007/36)
Language of the case: Spanish
Parties
Applicant: Repsol, SA (Madrid, Spain) (represented by: J.-B. Devaureix and L. Montoya Terán, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo and V. Melgar, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Josep María Adell Argiles (Madrid, Spain) (represented by: initially M. García Jiménez and A. Zuazo Araluze, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 7 March 2013 (Case R 1565/2012-1), relating to opposition proceedings between Mr Josep María Adell Argiles and Repsol, SA.
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 7 March 2013 (Case R 1565/2012-1), relating to opposition proceedings between Mr Josep María Adell Argiles and Repsol, SA. In so far as concerns the ‘industrial oils and greases; lubricants; fuels (including motor spirit)’ in Class 4 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;
2.Dismisses the action as to the remainder;
3.Orders each party to bear its own costs.
(<span class="super">1</span>) OJ C 226, 3.8.2013.