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Judgment of the General Court (Sixth Chamber) of 28 June 2012. # Antonio Basile and I Marchi Italiani Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community figurative mark B. Antonio Basile 1952 - Earlier national word mark BASILE - Relative ground for refusal - Limitation in consequence of acquiescence - Article 53(2) of Regulation (EC) No 40/94 (now Article 54(2) of Regulation (EC) No 207/2009) - Likelihood of confusion - Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009. # Case T-134/09.
ECLI:EU:T:2012:328
62009TJ0134
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Community trade mark — Invalidity proceedings — Community figurative mark B. Antonio Basile 1952 — Earlier national word mark BASILE — Relative ground for refusal — Limitation through acquiescence — Article 53(2) of Regulation (EC) No 40/94 (now Article 54(2) of Regulation (EC) No 207/2009) — Likelihood of confusion — Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009)
Re:
ACTION brought against the Decision of the Second Board of Appeal of OHIM of 9 January 2009 (Case R 1436/2007-2) relating to invalidity proceedings between Osra SA and Mr Antonio Basile.
Operative part
The Court:
1.Removes the name of the second applicant, I Marchi Italiani Srl, from the list of applicants in Case T-134/09;
2.Dismisses the action;
3.Orders Mr Antonio Basile to pay the costs, other than those relating to the discontinuance;
4.Orders I Marchi Italiani Srl to bear its own costs.