25.1.2014

Official Journal of the European Union

C 24/8

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(Case C-581/13 P)

2014/C 24/15

Language of the case: English

Parties

Appellant: Intra-Presse (represented by: P. Péters, advocaat, T. de Haan, avocat, M. Laborde, avocate)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs); Golden Balls Ltd

Form of order sought

The appellant claims that the Court should:

—annul the judgment of the General Court of the European Court of 16 September 2013 in Case T-448/11;

—refer the case back to the General Court of the European Union to rule on the action brought by Intra-Presse under Article 8(5) of Regulation No 207/2009 (1);

—order that the costs be reserved.

Pleas in law and main arguments

Appellant submits that the contested judgment should be annulled on the following grounds.

Firstly, the General Court infringed Article 8(1)(b) CTMR in defining the relevant public, in assessing the degree of conceptual similarity between marks by adding a requirement of ‘intellectual process of translation’, ‘begin by translating’ or ‘prior translation’, and in omitting to take the reputation of the earlier mark for services in Class 41 into account. Secondly, the General Court infringed Article 8(5) CTMR by failing to carry out a global assessment and omitting to examine the relevance of the reputation of Appellant’s earlier mark and the existence of a possible link.

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(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark

OJ L 78, p. 1

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