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Case T-67/08: Judgment of the Court of First Instance of 11 June 2009 — Hedgefund Intelligence v OHIM — Hedge Invest (InvestHedge) (Community trade mark — Opposition proceedings — Application for the Community figurative mark InvestHedge — Earlier Community figurative mark HEDGE INVEST — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

ECLI:EU:UNKNOWN:62008TA0067

62008TA0067

January 1, 2008
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Official Journal of the European Union

C 180/48

(Case T-67/08)(<span class="super">1</span>)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark InvestHedge - Earlier Community figurative mark HEDGE INVEST - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2009/C 180/88

Language of the case: English

Parties

Applicant: Hedgefund Intelligence Ltd (London, United Kingdom) (represented by: J. Reed, Barrister, and G. Crofton Martin, Solicitor)

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

Other party to the proceedings before the Board of Appeal of OHIM: Hedge Invest SpA (Milan, Italy)

Re:

Action against the decision of the Second Board of Appeal of OHIM of 28 November 2007 (Case R 148/2007-2) relating to opposition proceedings between Hedge Invest SpA and Hedgefund Intelligence Ltd.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Hedgefund Intelligence Ltd to pay the costs.

* * *

(<span class="super">1</span>) OJ C 107, 26.4.2008.

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