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Case T-536/12: Judgment of the General Court of 11 September 2014 — Aroa Bodegas v OHIM — Bodegas Muga (aroa) (Community trade mark — Opposition procedure — Application for Community figurative mark aroa — Earlier national figurative mark Aro — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion)
ECLI:EU:UNKNOWN:62012TA0536
62012TA0536
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27.10.2014
Official Journal of the European Union
C 380/8
(Case T-536/12)( (<span class="super">1</span>))
((Community trade mark - Opposition procedure - Application for Community figurative mark aroa - Earlier national figurative mark Aro - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Likelihood of confusion))
2014/C 380/10
Language of the case: Spanish
Parties
Applicant: Aroa Bodegas, SL (Zurukoain, Spain) (represented by: S. Alonso Maruri, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Bodegas Muga, SL (Haro, Spain) (represented by: L. Broschat García, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 October 2012 (Case R 1845/2010-4), relating to opposition proceedings between Bodegas Muga, SL and Aroa Bodegas, SL.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Aroa Bodegas, SL to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
3.Orders Bodegas Muga, SL to bear its own costs.
(<span class="super">1</span>) OJ C 38, 9.2.2013.