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Case T-720/13: Judgment of the General Court of 30 September 2015 — GAT Microencapsulation v OHIM — BASF (KARIS) (Community trade mark — Opposition proceedings — Application for the Community word mark KARIS — Earlier Community marks and earlier international word mark CARYX — Earlier national marks and earlier Benelux word mark AKRIS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

ECLI:EU:UNKNOWN:62013TA0720

62013TA0720

September 30, 2015
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23.11.2015

Official Journal of the European Union

C 389/42

(Case T-720/13)(1)

((Community trade mark - Opposition proceedings - Application for the Community word mark KARIS - Earlier Community marks and earlier international word mark CARYX - Earlier national marks and earlier Benelux word mark AKRIS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 389/45)

Language of the case: English

Parties

Applicant: GAT Microencapsulation GmbH (formerly GAT Microencapsulation AG) (Ebenfurth, Austria) (represented by: S. Soler Lerma and C. March Cabrelles, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: BASF SE (Ludwigshafen, Germany)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 28 October 2013 (Case R 1862/2012-5) relating to opposition proceedings between BASF SE and GAT Microencapsulation GmbH (formerly GAT Microencapsulation AG).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Gat Microencapsulation GmbH to pay the costs.

OJ C 71, 8.3.2014.

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