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Judgment of the General Court (Eighth Chamber) of 13 June 2012. # Süd-Chemie AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark CERATIX - Earlier national word mark CERATOFIX - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009. # Case T-312/11.
ECLI:EU:T:2012:296
62011TJ0312
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Community trade mark — Opposition proceedings — Application for Community word mark CERATIX — Earlier national word mark CERATOFIX — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009
Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept (Council Regulation No 207/2009, Art. 42(2) and (3)) (see paras 16-24)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 8 April 2011 (Case R 1585/2010-4) concerning opposition proceedings between Süd-Chemie AG and Byk-Cera BV.
Operative part
The Court:
1.Dismisses the action;
2.Orders Süd-Chemie AG to pay the costs.