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Case C-353/09 P: Order of the Court (Fifth Chamber) of 15 February 2011 — Perfetti Van Melle SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Cloetta AB, legal successor to Cloetta Fazer AB (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Invalidity proceedings — Community word mark CENTER SHOCK — Earlier national word mark CENTER — Examination of the likelihood of confusion)
ECLI:EU:UNKNOWN:62009CB0353
62009CB0353
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27.8.2011
Official Journal of the European Union
C 252/6
(Case C-353/09 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Invalidity proceedings - Community word mark CENTER SHOCK - Earlier national word mark CENTER - Examination of the likelihood of confusion)
2011/C 252/09
Language of the case: English
Parties
Appellant: Perfetti Van Melle SpA (represented by: P. Perani and P. Pozzi, avvocati)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, acting as Agent), Cloetta AB, legal successor to Cloetta Fazer AB (represented by: M. Fammler, Advocate, M. Treis, R. Niebel and E.M. Strobel, Rechstanwälte)
Re:
Appeal brought against the judgment of 1 July 2009 in Case T-16/08 Perfetti Van Melle v OHIM — Cloetta Fazer dismissing an action for annulment brought by the proprietor of Community word mark ‘CENTER SHOCK’ for goods in Class 30 against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 7 November 2007 (Case R 149/2006-4) dismissing the appeal against the decision of the Cancellation Division granting the application for a declaration of invalidity of that mark made by the proprietor of the earlier national word marks ‘CENTER’ and ‘CLOETTA CENTER’ for goods in, inter alia, Class 30 — Infringement of Article 8(1)(b) of Regulation (EC) No 40/94
Operative part of the order
1.The appeal is dismissed.
2.Perfetti Van Melle SpA shall pay the costs.
(<span class="super">1</span>) OJ C 267, 7.11.2009.