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Case T-384/13: Judgment of the General Court of 18 March 2015 — Intermark v OHIM — Coca-Cola (RIENERGY Cola) (Community trade mark — Opposition proceedings — Application for the Community figurative mark RIENERGY Cola — Earlier Community figurative mark Coca-Cola and earlier Community word mark COCA-COLA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62013TA0384
62013TA0384
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Official Journal of the European Union
C 146/37
(Case T-384/13)(1)
((Community trade mark - Opposition proceedings - Application for the Community figurative mark RIENERGY Cola - Earlier Community figurative mark Coca-Cola and earlier Community word mark COCA-COLA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2015/C 146/50)
Language of the case: English
Parties
Applicant: Intermark Srl (Stei, Romania) (represented initially by Á. László, and subsequently by B. Bozóki, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by A. Pohlmann, and subsequently by M. Fischer, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: The Coca-Cola Company (Atlanta, Georgia, United States) (represented by: L. Alonso Domingo, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 6 May 2013 (Case R 1116/2012-2), relating to opposition proceedings between The Coca-Cola Company and Intermark Srl.
Operative part of the judgment
The Court:
1)Dismisses the action;
2)Orders Intermark Srl to pay the costs.
OJ C 260, 7.9.2013.