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Case T-364/14: Judgment of the General Court of 18 February 2016 — Penny-Markt v OHIM — Boquoi Handels (B! O) (Community trade mark — Invalidity proceedings — Community figurative mark B! O — Earlier Community word mark bo — Relative ground for refusal — Article 53(1)(a) and Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62014TA0364
62014TA0364
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29.3.2016
Official Journal of the European Union
C 111/22
(Case T-364/14)(1)
((Community trade mark - Invalidity proceedings - Community figurative mark B! O - Earlier Community word mark bo - Relative ground for refusal - Article 53(1)(a) and Article 8(1)(b) of Regulation (EC) No 207/2009))
(2016/C 111/26)
Language of the case: German
Parties
Applicant: Penny-Markt GmbH (Cologne, Germany) (represented by: M. Kinkeldey, S. Brandstätter and A. Wagner, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially, A. Pohlmann, subsequently, S. Hanne, and lastly, A. Schifko, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Boquoi Handels OHG (Straelen, Germany) (represented by: P. Mels, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 21 March 2014 (R 1201/2013-4), relating to invalidity proceedings between Boquoi Handels OHG and Penny-Markt GmbH
Operative part of the judgment
The Court:
1.dismisses the action;
2.orders Penny-Markt GmbH to pay the costs.
OJ C 261, 11.8.2014.