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26.11.2011 |
EN |
Official Journal of the European Union |
C 347/30 |
Judgment of the General Court of 18 October 2011 — dm-drogerie markt v OHIM — Semtee (caldea)
(Case T-304/10) (1)
(Community trade mark - Opposition proceedings - Application for registration of the Community figurative mark caldea - Earlier international word mark BALEA - Relative ground for refusal - No likelihood of confusion - No similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
2011/C 347/49
Language of the case: English
Parties
Applicant: dm-drogerie markt GmbH & Co. KG (Karlsruhe, Germany) (represented by: O. Bludovsky and P. Hiller, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Semtee (Escaldes Engornay, Andorra) (represented by: É. Guissart, lawyer)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 29 April 2010 (Case R 899/2009-1), relating to opposition proceedings between dm-drogerie markt GmbH & Co. KG and Semtee.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders dm-drogerie markt GmbH & Co. KG to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), in addition to bearing its own costs; |
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3. |
Orders each party to bear its own costs relating to the intervention of Semtee. |