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Case T-451/09: Judgment of the General Court of 15 December 2010 — Wind v OHIM-Sanyang Industry (Wind) (Community trade mark — Opposition proceedings — Application for Community figurative mark Wind — Earlier national figurative mark Wind — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Lack of similarity of the goods and of the services)
ECLI:EU:UNKNOWN:62009TA0451
62009TA0451
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Official Journal of the European Union
C 38/15
(Case T-451/09)(<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for Community figurative mark Wind - Earlier national figurative mark Wind - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Lack of similarity of the goods and of the services)
2011/C 38/27
Language of the case: English
Parties
Applicant: Harry Wind (Selfkant, Germany) (represented by: J. Sroka, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Sanyang Industry Co., Ltd (Hsinchu, Taïwan)
Re:
ACTION against the decision of the Fourth Board of Appeal of OHIM of 3 September 2009 (Case R 1470/2008-4), relating to opposition proceedings between Harry Wind and Sanyang Industry Co., Ltd
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Harry Wind to pay the costs.
(<span class="super">1</span>) OJ C 24, 30.1.2010.