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Judgment of the General Court (Third Chamber) of 13 June 2012. # Hotel Reservation Service Robert Ragge GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark iHotel - Earlier Community figurative mark i-hotel - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-277/11.
ECLI:EU:T:2012:295
62011TJ0277
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(Case T-277/11)
Community trade mark — Opposition proceedings — Application for Community word mark iHotel — Earlier Community figurative mark i-hotel — Relative ground for refusal — Likelihood of confusion — 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 207/2009, Art. 8(1)(b)) (see paras 34, 42, 73, 93, 96)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 24 February 2011 (Case R 832/2010-1) relating to opposition proceedings between Promotora Imperial SA and Hotel Reservation Service Robert Ragge GmbH.
Operative part
The Court:
1.Dismisses the action;
2.Orders Hotel Reservation Service Robert Ragge GmbH to bear its own costs and to pay those incurred by OHIM.