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Case T-580/11: Judgment of the General Court of 6 June 2013 — McNeil v OHIM — Alkalon (NICORONO) (Community trade mark — Opposition proceedings — Application for the Community word mark NICORONO — Earlier Community word mark NICORETTE — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62011TA0580
62011TA0580
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Official Journal of the European Union
C 225/73
(Case T-580/11)(<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for the Community word mark NICORONO - Earlier Community word mark NICORETTE - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 225/161
Language of the case: English
Parties
Applicant: McNeil AB (Helsingborg, Sweden) (represented by: I. Starr, Solicitor, and G. Tritton, Barrister)
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: Alkalon ApS (Copenhagen, Denmark)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 3 August 2011 (Case R 1582/2010-2), relating to opposition proceedings between McNeil AB and Alkalon ApS.
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 August 2011 (Case R 1582/2010-2);
2.Orders OHIM to pay the costs.
(<span class="super">1</span>) OJ C 25, 28.1.2012.