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Case C-22/10 P: Order of the Court (Fifth Chamber) of 27 October 2010 — REWE-Zentral AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Aldi Einkauf GmbH & Co. OHG (Appeal — Community trade mark — Opposition proceedings — Application for the Community word mark Clina — Earlier Community word mark CLINAIR — Refusal of registration — Relative ground for refusal — Examination of the likelihood of confusion — Regulation (EC) No 40/94 — Article 8(1)(b))
ECLI:EU:UNKNOWN:62010CB0022
62010CB0022
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Valentina R., lawyer
26.2.2011
Official Journal of the European Union
C 63/15
(Case C-22/10 P) (<a id="ntc1-C_2011063EN.01001501-E0001" href="#ntr1-C_2011063EN.01001501-E0001"> (<span class="super">1</span>)</a>)
(Appeal - Community trade mark - Opposition proceedings - Application for the Community word mark Clina - Earlier Community word mark CLINAIR - Refusal of registration - Relative ground for refusal - Examination of the likelihood of confusion - Regulation (EC) No 40/94 - Article 8(1)(b))
2011/C 63/27
Language of the case: German
Parties
Appellant: REWE-Zentral AG (represented by: M. Kinkeldey and A. Bognár, Rechtsanwälte)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke, acting as Agent), Aldi Einkauf GmbH & Co. OHG (represented by: N. Lützenrath, Rechtsanwalt)
Re:
Appeal against the judgment of the Court of First Instance (Sixth Chamber) of 11 November 2009 in Case T-150/08 REWE-Zentral v OHIM, by which the Court dismissed the action for annulment brought against the decision of the Fourth Board of Appeal of OHIM of 15 February 2008 refusing the registration of the word sign ‘Clina’ as a Community trade mark for certain goods in Classes 3 and 21 by upholding the opposition brought by the proprietor of the earlier Community word mark ‘CLINAIR’ — Likelihood of confusion between two marks — Failure to carry out a global assessment of the relevant factors in examining the likelihood of confusion — Breach of Article 8(1)(b) of Regulation (EC) No 40/94
Operative part of the order
1.The appeal is dismissed.
2.REWE-Zentral AG is ordered to pay the costs.
(<a id="ntr1-C_2011063EN.01001501-E0001" href="#ntc1-C_2011063EN.01001501-E0001">(<span class="super">1</span>)</a> OJ C 80, 27.03.2010)