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Case T-63/09: Judgment of the General Court of 21 March 2012 — Volkswagen v OHIM — Suzuki Motor (SWIFT GTi) (Community Trade Mark — Opposition proceedings — Application for Community word mark SWIFT GTi — Earlier international and national marks GTI — Relative grounds for refusal — Similarity of the goods — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Assessment of the likelihood of confusion — Rejection of the opposition)
ECLI:EU:UNKNOWN:62009TA0063
62009TA0063
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5.5.2012
Official Journal of the European Union
C 133/22
(Case T-63/09) (<span class="super">1</span>)
(Community Trade Mark - Opposition proceedings - Application for Community word mark SWIFT GTi - Earlier international and national marks GTI - Relative grounds for refusal - Similarity of the goods - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Assessment of the likelihood of confusion - Rejection of the opposition)
2012/C 133/42
Language of the case: German
Parties
Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by: H.-P. Schrammek, C. Drzymalla and S. Risthaus, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Suzuki Motor Corp. (Shizuoka-ken, Japan)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 9 December 2008 (Case R 749/2007-2) relating to opposition proceedings between Volkswagen AG and Suzuki Motor Corp.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Volkswagen AG to pay the costs.
(<span class="super">1</span>) OJ C 102, 1.5.2009.