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Valentina R., lawyer
(Case T-551/12) (*)
(Community trade mark - Opposition proceedings - Application for Community word mark Rebella - Earlier Community word mark SEMBELLA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009 - Point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009)
(2014/C 71/34)
Language of the case: German
Applicant: Coppenrath-Verlag GmbH & Co. KG (Münster, Germany) (represented by: D. Pohl, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Poch, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Sembella GmbH (Timelkam, Austria)
Action brought against the decision of the Second Board of Appeal of OHIM of 5 October 2012 (Case R 1681/2011-2) relating to opposition proceedings between Sembella GmbH and Coppenrath-Verlag GmbH & Co. KG.
The Court:
1.Dismisses the action;
2.Orders Coppenrath-Verlag GmbH & Co. KG to pay the costs.
(*)
Language of the case: German
ECLI:EU:C:2014:71