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Judgment of the General Court (Second Chamber) of 23 March 2012. # Barilla G. e R. Fratelli SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for registration of the Community word mark ALIXIR - Earlier national word mark Elixeer - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-157/10.
ECLI:EU:T:2012:148
62010TJ0157
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(Case T-157/10)
Community trade mark — Opposition proceedings — Application for registration of the Community word mark ALIXIR — Earlier national word mark Elixeer — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 29-31)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 January 2010 (case R 820/2009-2), relating to opposition proceedings between Brauerei Schlösser GmbH and Barilla G. e R. Fratelli SpA.
Operative part
The Court:
1.Dismisses the action;
2.Orders Barilla G. e R. Fratelli SpA to pay the costs.