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Case T-135/14: Judgment of the General Court of 5 February 2016 — Kicktipp v OHIM — Società Italiana Calzature (kicktipp) (Community trade mark — Opposition proceedings — Application for Community word mark kicktipp — Earlier national word mark KICKERS — Rule 19 of Regulation (EC) No 2868/95 — Rule 98(1) of Regulation No 2868/95 — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62014TA0135
62014TA0135
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21.3.2016
Official Journal of the European Union
C 106/31
(Case T-135/14)(1)
((Community trade mark - Opposition proceedings - Application for Community word mark kicktipp - Earlier national word mark KICKERS - Rule 19 of Regulation (EC) No 2868/95 - Rule 98(1) of Regulation No 2868/95 - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2016/C 106/34)
Language of the case: English
Parties
Applicant: Kicktipp GmbH (Dusseldorf, Germany) (represented by: A. Dreyer, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. Harrington, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Società Italiana Calzature Srl (Milan, Italy) (represented by: G. Cantaluppi, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 12 December 2013 (Case R 1061/2012-2), relating to opposition proceedings between Società Italiana Calzature Srl and Kicktipp GmbH.
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 12 December 2013 (Case R 1061/2012-2);
2.Orders OHIM to bear its own costs and to pay those incurred by Kicktipp GmbH;
3.Orders Società Italiana Calzature Srl to bear its own costs.
(1) OJ C 135, 5.5.2014.