Notices for publication in the OJ nº T-144/12 of The General Court, May 16, 2014

• Resolution Date: May 16, 2014
• Issuing Organization: The General Court
• Decision Number: T-144/12

Judgment of the General Court of 9 April 2014 — Comsa v OHIM — COMSA (COMSA)

(Case T-144/12) ¹

(Community trade mark — Opposition proceedings — Application for Community word mark COMSA — Earlier company name Comsa, SA — Relative ground for refusal — Lack of use in the course of trade of a sign of more than mere local significance — Similarity of the services — Article 8(4) of Regulation (EC) No 207/2009)

Language of the case: Spanish

Parties

Applicant: Comsa, SA (Barcelona, Spain) (represented initially by M. Aznar Alonso, and subsequently by A. Gómez López, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Constructora de obras municipales, SA (COMSA) (Madrid, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 10 January 2012 (Joined cases R 518/2011-2 and R 795/2011-2) relating to opposition proceedings between Comsa, SA and Constructora de obras municipales, SA (COMSA).

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 10 January 2012 (Joined cases R 518/2011-2 and R 795/2011-2) relating to opposition proceedings between Comsa, SA and Constructora de obras municipales, SA (COMSA), in so far as it annulled the...