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Case T-309/13: Judgment of the General Court of 22 October 2015 — Enosi Mastichoparagogon v OHIM — Gaba International (ELMA) (Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark ELMA — Earlier Community word mark ELMEX — Refusal to register — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62013TA0309
62013TA0309
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Official Journal of the European Union
C 406/29
(Case T-309/13) (1)
((Community trade mark - Opposition proceedings - International registration designating the European Community - Word mark ELMA - Earlier Community word mark ELMEX - Refusal to register - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2015/C 406/28)
Language of the case: English
Parties
Applicants: Enosi Mastichoparagogon Chiou (Chios, Greece) (represented by: A.-E. Malami, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos and J. Crespo Carrillo, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Gaba International Holding GmbH (Therwil, Switzerland) (represented by: G. Schindler, M. Zintler and P. Nagel, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 26 March 2013 (Case R 1539/2012-4) relating to opposition proceedings between Gaba International Holding GmbH and Enosi Mastichoparagogon Chiou.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Enosi Mastichoparagogon Chiou to pay the costs.
(1) OJ C 2263, 3.8.2013.