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Case C-251/15 P: Order of the Court (Eighth Chamber) of 4 February 2016 — Emsibeth SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Appeal — Article 181 of the Rules of Procedure of the Court — Community trade mark — Application for registration of the figurative mark Nael — Opposition by the proprietor of prior Community word mark Mc Neal — Refusal of registration — Regulation (EC) No 207/2009 — Article 8(1)(b) — Determination of the relevant public — Assessment of the comparison of the goods, the similarity of the signs and the likelihood of confusion)

ECLI:EU:UNKNOWN:62015CB0251

62015CB0251

February 4, 2016
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Official Journal of the European Union

C 136/4

(Case C-251/15 P) (<span class="super">1</span>)

((Appeal - Article 181 of the Rules of Procedure of the Court - Community trade mark - Application for registration of the figurative mark Nael - Opposition by the proprietor of prior Community word mark Mc Neal - Refusal of registration - Regulation (EC) No 207/2009 - Article 8(1)(b) - Determination of the relevant public - Assessment of the comparison of the goods, the similarity of the signs and the likelihood of confusion))

(2016/C 136/05)

Language of the case: Italian

Parties

Appellant: Emsibeth SpA (represented by: A. Arpaia, avvocato)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Operative part of the order

1.The appeal is dismissed.

2.Emsibeth SpA shall bear its own costs.

(<span class="super">1</span>) OJ C 311, 21.9.2015.

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