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Case T-584/10: Judgment of the General Court of 3 October 2012 –Yilmaz v OHIM — Tequila Cuervo (TEQUILA MATADOR HECHO EN MEXICO) (Community trade mark — Opposition proceedings — Application for the Community figurative mark TEQUILA MATADOR HECHO EN MEXICO — Earlier national and international word marks MATADOR — Relative ground for refusal — No likelihood of confusion — No similarity of the goods — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62010TA0584
62010TA0584
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17.11.2012
Official Journal of the European Union
C 355/26
(Case T-584/10)(<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark TEQUILA MATADOR HECHO EN MEXICO - Earlier national and international word marks MATADOR - Relative ground for refusal - No likelihood of confusion - No similarity of the goods - Article 8(1)(b) of Regulation (EC) No 207/2009)
2012/C 355/55
Language of the case: English
Parties
Applicant: Mustafa Yilmaz (Stuttgart, Germany) (represented: initially by F. Kuschmirek, and subsequently by F. Stangl, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Tequila Cuervo, SA de CV (Tlaquepaque, Jalisco, Mexico) (represented by: S. Salvetti, lawyer)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 13 October 2010 (Case R 1162/2009-2), concerning opposition proceedings between Mustafa Yilmaz and Tequila Cuervo, SA de CV.
Operative part of the judgment
The Court:
1.Holds that it is unnecessary to adjudicate on the action in so far as it seeks the annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 13 October 2010 (Case R 1162/2009-2) in so far as it accepted registration of the mark applied for in respect of ‘alcoholic beverages’;
2.Dismisses the action as to the remainder;
3.Orders Mustafa Yilmaz to bear his own costs and to pay those incurred by OHIM and by Tequila Cuervo, SA de CV.
(<span class="super">1</span>) OJ C 55, 19.2.2011.