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Case T-193/14: Judgment of the General Court of 23 September 2015 — Cristiano di Thiene v OHIM — Nautica Apparel (AERONAUTICA) (Community trade mark — Opposition proceedings — Application for Community word mark AERONAUTICA — Earlier Community word marks NAUTICA and NAUTICA BLUE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

ECLI:EU:UNKNOWN:62014TA0193

62014TA0193

September 23, 2015
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Official Journal of the European Union

C 389/44

(Case T-193/14) (<span class="super">1</span>)

((Community trade mark - Opposition proceedings - Application for Community word mark AERONAUTICA - Earlier Community word marks NAUTICA and NAUTICA BLUE - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 389/47)

Language of the case: English

Parties

Applicant: Cristiano di Thiene SpA (Thiene, Italy) (represented by: F. Fischetti and F. Celluprica, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock and N. Bambara, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Nautica Apparel, Inc. (New York, New York, United States) (represented by: C. Hawkes, Solicitor, and B. Brandreth, Barrister)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 10 January 2014 (Case R 96/2013-4) concerning opposition proceedings between Nautica Apparel, Inc. and Cristiano di Thiene SpA.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Cristiano di Thiene SpA to pay the costs.

(<span class="super">1</span>) OJ C 151, 19.5.2014.

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