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Judgment of the General Court (Fifth Chamber) of 15 March 2012. # Mustang - Bekleidungswerke GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for a figurative Community mark representing a wavy line - Earlier national and international figurative trade marks representing a white wavy line on a black background - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-379/08.
ECLI:EU:T:2012:125
62008TJ0379
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(Case T‑379/08)
Community trade mark — Opposition proceedings — Application for a figurative Community mark representing a wavy line — Earlier national and international figurative trade marks representing a white wavy line on a black background — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 40/94 (now 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 40/94, Art. 8(1)(b)) (see paras 26-28, 56-59)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 8 July 2008 (Case R 859/2007-4) concerning opposition proceedings between Decathlon SA and Mustang – Bekleidungswerke GmbH & Co. KG.
Operative part
The Court:
1.Dismisses the action;
2.Orders Mustang – Bekleidungswerke GmbH & Co. KG to pay the costs.