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Order of the Court (Eighth Chamber) of 24 March 2011. # Félix Muñoz Arraiza v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Regulation (EC) No 40/94 - Articles 8(1)(b), 43(2) and 44(1) - Application for Community word mark RIOJAVINA - Opposition by the proprietor of the earlier Community collective figurative mark RIOJA - Refusal to register -Likelihood of confusion. # Case C-388/10 P.
ECLI:EU:C:2011:185
62010CO0388
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(Case C-388/10 P)
Appeal – Community trade mark – Regulation (EC) No 40/94 – Articles 8(1)(b), 43(2) and 44(1) – Application for Community word mark RIOJAVINA – Opposition by the proprietor of the earlier Community collective figurative mark RIOJA – Refusal to register – Likelihood of confusion
Re:
Appeal against the judgment of the General Court (Fifth Chamber) of 9 June 2010 in Case T‑138/09 Muñoz Arraiza v OHIM – Consejo Regulador de la Denominación de Origen Calificada Rioja (RIOJAVINA), by which that court dismissed the action brought against the decision of the Second Board of Appeal of OHIM of 29 January 2009 (Case R 721/2008-2) relating to opposition proceedings between the Consejo Regulador de la Denominación de Origen Calificada Rioja and Mr Félix Muñoz Arraiza.
Operative part
1.The appeal is dismissed.
2.Mr Muñoz Arraiza is ordered to pay the costs.