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Case T-684/13: Judgment of the General Court of 25 September 2015 — Copernicus-Trademarks v OHIM (BLUECO) (Community trade mark — Opposition proceedings — Application for Community word mark BLUECO — Prior Community word mark BLUECAR — Relative ground for refusal — Distinctive character of the earlier mark — Article 8(1)(b) of Regulation (EC) No 207/2009 — Application for alteration made by the intervener — Article 65(4) of Regulation No 207/2009)

ECLI:EU:UNKNOWN:62013TA0684

62013TA0684

September 25, 2015
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23.11.2015

Official Journal of the European Union

C 389/42

(Case T-684/13) (<span class="super">1</span>)

((Community trade mark - Opposition proceedings - Application for Community word mark BLUECO - Prior Community word mark BLUECAR - Relative ground for refusal - Distinctive character of the earlier mark - Article 8(1)(b) of Regulation (EC) No 207/2009 - Application for alteration made by the intervener - Article 65(4) of Regulation No 207/2009))

(2015/C 389/44)

Language of the case: German

Parties

Applicant: Copernicus-Trademarks Ltd (Borehamwood, United Kingdom) (represented by: L. Pechan and S. Körber, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Schifko, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Bolloré SA (Érgue-Gaberic, France) (represented initially by: B. Fontaine, and subsequently by: O. Legrand, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 8 October 2013 (Case R 2029/2012-1) concerning opposition proceedings between Bolloré SA and Copernicus-Trademarks Ltd.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Rejects the application for alteration made by Bolloré SA;

3.Orders Copernicus-Trademarks Ltd to pay the costs.

(<span class="super">1</span>) OJ C 52, 22.2.2014.

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