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Case T-342/12: Judgment of the General Court of 8 October 2014 — Fuchs v OHIM — Les Complices ( Star within a circle ) (Community trade mark — Opposition proceedings — Application for a Community figurative mark representing a star within a circle — Earlier Community and national figurative marks representing a star within a circle — Relative ground for refusal — Likelihood of confusion — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation No 207/2009 — Revocation of the earlier Community mark — Continued interest in bringing proceedings — Failure to find that there was no need to adjudicate in part)
ECLI:EU:UNKNOWN:62012TA0342
62012TA0342
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24.11.2014
Official Journal of the European Union
C 421/32
Judgment of the General Court of 8 October 2014 — Fuchs v OHIM — Les Complices (Star within a circle)
(Case T-342/12)(1)
((Community trade mark - Opposition proceedings - Application for a Community figurative mark representing a star within a circle - Earlier Community and national figurative marks representing a star within a circle - Relative ground for refusal - Likelihood of confusion - Distinctive character of the earlier mark - Article 8(1)(b) of Regulation No 207/2009 - Revocation of the earlier Community mark - Continued interest in bringing proceedings - Failure to find that there was no need to adjudicate in part))
2014/C 421/43
Language of the case: English
Parties
Applicant: Max Fuchs (Freyung, Germany) (represented by: C. Onken, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Les Complices SA (Montreuil-sous-Bois, France)
Re:
Action brought against the decision of the Fifth Board of Appeal of OHIM of 8 May 2012 (Case R 2040/2011-5), relating to opposition proceedings between Les Complices SA and Max Fuchs.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Max Fuchs to pay the costs.
OJ C 295, 29.9.2012.