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Judgment of the General Court (Eighth Chamber) of 16 November 2011. # Dorma GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark ‘doorsa FÁBRICA DE PUERTAS AUTOMÁTICAS’ - Earlier national and international word and figurative marks ‘DORMA’ - Lodging of additional documents on the reputation of the earlier marks in the procedure before the Board of Appeal - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-500/10.
ECLI:EU:T:2011:679
62010TJ0500
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(Case T-500/10)
Community trade mark – Opposition proceedings – Application for Community figurative mark ‘doorsa FÁBRICA DE PUERTAS AUTOMÁTICAS’ – Earlier national and international word and figurative marks ‘DORMA’ – Lodging of additional documents on the reputation of the earlier marks in the procedure before the Board of Appeal – Relative ground for refusal – No 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 64-66)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 17 August 2010 (Case R 542/2009-4), relating to opposition proceedings between Dorma GmbH & Co. KG and Puertas Doorsa, SL.
Operative part
The Court:
1.Dismisses the action;
2.Orders Dorma GmbH & Co. KG to pay the costs.