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Case T-541/11: Judgment of the General Court of 26 June 2014 — Fundação Calouste Gulbenkian v OHIM — Gulbenkian (GULBENKIAN) (Community trade mark — Opposition proceedings — Application for the Community word mark GULBENKIAN — Earlier well-known national mark, company name and national logos Fundação Calouste Gulbenkian — Relative grounds for refusal — Evidence of the existence of the earlier rights — Article 8(1)(b), (4) and (5) of Regulation (EC) No 207/2009 — Article 90(a) of the Rules of Procedure)

ECLI:EU:UNKNOWN:62011TA0541

62011TA0541

June 26, 2014
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Official Journal of the European Union

C 261/23

(Case T-541/11)(1)

((Community trade mark - Opposition proceedings - Application for the Community word mark GULBENKIAN - Earlier well-known national mark, company name and national logos Fundação Calouste Gulbenkian - Relative grounds for refusal - Evidence of the existence of the earlier rights - Article 8(1)(b), (4) and (5) of Regulation (EC) No 207/2009 - Article 90(a) of the Rules of Procedure))

2014/C 261/45

Language of the case: English

Parties

Applicant: Fundação Calouste Gulbenkian (Lisbon, Portugal) (represented by: G. Marín Raigal, P. López Ronda and G. Macias Bonilla, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Micael Gulbenkian (Oeiras, Portugal) (represented by: J. Pimenta and A. Sebastião, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 15 July 2011 (Case R 1436/2010-2) relating to opposition proceedings between Fundação Calouste Gulbenkian and Mr Micael Gulbenkian.

Operative part of the judgment

The Court:

1)Dismisses the action;

2)Orders Fundação Calouste Gulbenkian to pay the costs;

3)Orders Mr Micael Gulbenkian to refund to the Court of Justice of the European Union the sum of EUR 1 807,48 in accordance with Article 90(a) of the Rules of Procedure of the General Court.

OJ C 362, 10.12.2011.

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