Judgment of the General Court (Sixth Chamber) of 6 October 2011.#Seven SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community trade mark - Opposition proceedings - Application for Community word mark SEVEN FOR ALL MANKIND - Earlier Community and international figurative marks containing the word element ‘seven’ - Relative ground for refusal - Similarity of the signs - Article 8(1)(b) and (5) of Regulation (EC) No 207/2009.#Case T-176/10.

Subject of the case

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 28 January 2010 (Case R 1514/2008 2) relating to opposition proceedings between Seven SpA and Seven for all Mankind LLC.

Operative part

Operative part

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 28 January 2010 (Case R 1514/2008 2);

2. Dismisses the action as to the remainder;

3. Orders OHIM to pay the costs incurred by Seven SpA in the proceedings before the General Court and those incurred by Seven SpA for the purposes of the proceedings before the Board of Appeal;

4. Orders Seven for all Mankind LLC to bear its own costs.