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Case T-662/11: Judgment of the General Court of 29 January 2013 — Müller v OHIM — Loncar (Sunless) (Community trade mark — Opposition proceedings — Application for the Community figurative mark Sunless — Earlier Community word marks SUNLESS and LONCAR-SUNLESS — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)

ECLI:EU:UNKNOWN:62011TA0662

62011TA0662

January 29, 2013
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Official Journal of the European Union

C 71/18

(Case T-662/11)(<span class="super">1</span>)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark Sunless - Earlier Community word marks SUNLESS and LONCAR-SUNLESS - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 71/27

Language of the case: German

Parties

Applicant: Thomas Müller (Gütersloh, Germany) (represented by: J. Schmidt, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Loncar, SL (Sabadell, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 27 September 2011 (Case R 2508/2010-2), relating to opposition proceedings between Loncar, SL and Mr Thomas Müller

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Thomas Müller to pay the costs.

(<span class="super">1</span>) OJ C 49, 18.2.2012.

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