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Case C-379/12 P: Order of the Court (Sixth Chamber) of 16 May 2013 — Arav Holding Srl v H.Eich Srl, Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Word mark H.EICH — Opposition by the proprietor of the earlier figurative mark H- SILVIAN HEACH — Refusal of registration)

ECLI:EU:UNKNOWN:62012CB0379

62012CB0379

May 16, 2013
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EN

Official Journal of the European Union

C 225/48

(Case C-379/12 P) (<span class="super">1</span>)

(Appeal - Community trade mark - Word mark H.EICH - Opposition by the proprietor of the earlier figurative mark H- SILVIAN HEACH - Refusal of registration)

2013/C 225/85

Language of the case: Italian

Parties

Appellant: Arav Holding Srl (represented by: R. Bocchini, avvocato)

Other parties to the proceedings: H.Eich Srl (represented by: D. Mainini, T. Rubin, A. Masetti Zannini de Concina, M. Bucarelli and G. Petrocchi, avvocati), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, acting as Agent)

Re:

Appeal brought against the judgment of the General Court (Second Chamber) of 19 June 2012 in Case T-557/10 H.Eich v OHIM — Arav, by which the General Court annulled the decision of the First Board of Appeal of OHIM of 9 September 2010 relating to opposition proceedings between Arav Holding Srl and H.Eich Srl (Case R 1411/2009-1) — Likelihood of confusion — Incorrect appraisal of the similarity of the marks at issue — Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)

Operative part of the order

1.The appeal is dismissed.

2.Arav Holding Srl shall bear the costs.

(<span class="super">1</span>) OJ C 303, 6.10.2012

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