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Community trade mark — Opposition proceedings — Application for the Community figurative mark G — Earlier Community figurative mark G+ — Relative ground for refusal — Likelihood of confusion — 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 31, 68, 73-76)
ACTION brought against the decision of the First Board of Appeal of OHIM of 15 December 2010 (Case R 821/2010-1), relating to opposition proceedings between Golfino AG and Mizuno KK.
The Court:
1.Dismisses the action;
2.Orders Mizuno KK to pay the costs.