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Case T-718/14: Judgment of the General Court of 30 November 2015 — Hong Kong Group v OHIM — WE Brand (W E) (Community trade mark — Opposition proceedings — Application for a Community figurative mark W E — Earlier Community word mark WE — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62014TA0718
62014TA0718
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Official Journal of the European Union
C 27/53
(Case T-718/14) (1)
((Community trade mark - Opposition proceedings - Application for a Community figurative mark W E - Earlier Community word mark WE - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
(2016/C 027/68)
Language of the case: English
Parties
Applicant: Hong Kong Group Oy (Vantaa, Finland) (represented by: J.-H. Spåre, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Bonne, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: WE Brand Sàrl (Luxembourg, Luxembourg) (represented by: R. van Oerle and E. de Groot, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 4 August 2014 (Case R 2305/2013-2) concerning opposition proceedings between WE Brand Sàrl and Hong Kong Group Oy.
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 August 2014 (Case R 2305/2013-2) concerning opposition proceedings between WE Brand Sàrl and Hong Kong Group Oy and the decision of the Opposition Division of OHIM of 30 September 2013;
2.Rejects the opposition;
3.Orders OHIM and WE Brand to bear their own costs and to pay those incurred by Hong Kong Group, including those necessarily incurred by Hong Kong Group for the purposes of the proceedings before the Board of Appeal of OHIM.
(1) OJ C 431, 1.12.2014.