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Judgment of the General Court (Fourth Chamber) of 23 November 2011. # The Pukka Luggage Company Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark PUKKA - Opposition by the proprietor of Community and national figurative marks featuring the word element pukas - Article 8(1)(b) of Regulation (EC) No 207/2009 - Partial refusal to register. # Case T-483/10.
ECLI:EU:T:2011:692
62010TJ0483
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(Case T-483/10)
Community trade mark – Opposition proceedings – Application for Community word mark PUKKA – Opposition by the proprietor of Community and national figurative marks featuring the word element pukas – Article 8(1)(b) of Regulation (EC) No 207/2009 – Partial refusal to register
Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 17, 54)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 29 July 2010 (Case R 1175/2008‑4), concerning opposition proceedings between Jesús Miguel Azpiroz Arruti and The Pukka Luggage Company Ltd.
Operative part
The Court:
1.Dismisses the action;
2.Orders The Pukka Luggage Company Ltd to pay the costs.