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Judgment of the General Court (Fifth Chamber) of 20 October 2011. # Stephanie Scatizza v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for registration of the Community figurative mark Horse Couture - Earlier national figurative mark HORSE - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-238/10.
ECLI:EU:T:2011:613
62010TJ0238
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(Case T-238/10)
Community trade mark – Opposition proceedings – Application for registration of the Community figurative mark Horse Couture – Earlier national figurative mark HORSE – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 40/94 (now 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 20, 47-49)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 5 March 2010 (Case R 723/2009‑2) relating to opposition proceedings between Manuel Jacinto, L da and Stephanie Scatizza.
Operative part
The Court:
1.Dismisses the action;
2.Orders Stephanie Scatizza to pay the costs.