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Case T-42/09: Judgment of the General Court of 7 December 2012 — A. Loacker SpA v OHIM — Editrice Quadratum (QUADRATUM) (Community trade mark — Opposition proceedings — Application for Community word mark QUADRATUM — Earlier Community word mark LOACKER QUADRATINI — Relative ground for refusal — No likelihood of confusion — Article 8(1(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) — Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62009TA0042
62009TA0042
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26.1.2013
Official Journal of the European Union
C 26/39
(Case T-42/09)(<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for Community word mark QUADRATUM - Earlier Community word mark LOACKER QUADRATINI - Relative ground for refusal - No likelihood of confusion - Article 8(1(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) - Article 74 of Regulation No 40/94 (now Article 76 of Regulation No 207/2009)
2013/C 26/74
Language of the case: Italian
Parties
Applicant: A. Loacker SpA (Auna di Sotto, Italy) (represented by: V. Bilardo, C. Bacchini and M. Mazzitelli, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Sempio, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Editrice Quadratum SpA (Milan, Italy) (represented by: P. Pezzoi, P. Perani and G. Ghisletti, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 23 October 2008 (Case R 34/2008-1), concerning opposition proceedings between A. Loacker SpA and Editrice Quadratum SpA.
Operative part of the judgment
The Court:
1.Dismisses the application;
2.Orders A. Loacker SpA to pay the costs.
(<span class="super">1</span>) OJ C 69, 21.3.2009.