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Case T-276/09: Judgment of the General Court of 21 June 2012 — Kavaklidere-Europe v OHIM — Yakult Honsha (Yakut) (Community trade mark — Opposition proceedings — Application for the Community word mark Yakut — Earlier Community figurative mark Yakult — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62009TA0276
62009TA0276
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28.7.2012
Official Journal of the European Union
C 227/17
(Case T-276/09)(1)
(Community trade mark - Opposition proceedings - Application for the Community word mark Yakut - Earlier Community figurative mark Yakult - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2012/C 227/24
Language of the case: English
Parties
Applicant: Kavaklidere-Europe (Schoten, Belgium) (represented: initially by J. Vercraeye and I. Tytgat, and subsequently by J. Vercraeye and B. De Vuyst, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Yakult Honsha Kabushiki Kaisha (Tokyo, Japan) (represented by M. Edenborough QC, P. Harris, Solicitor, and T. Elias, Barrister)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 May 2009 (Case R 1396/2008-4) concerning opposition proceedings between Yakult Honsha Kabushiki Kaisha and Kavaklidere-Europe
Operative part of the judgment
The General Court:
1.Dismisses the action;
2.Orders Kavaklidere-Europe to pay the costs.
OJ C 244, 10.10.2009.