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Case T-569/11: Judgment of the General Court of 16 September 2013 — Gitana SA v OHIM — Teddy (GITANA) (Community trade mark — Opposition proceedings — Application for the Community figurative mark GITANA — Earlier Community figurative mark KiTANA — Proof of genuine use of the earlier mark — Article 42(2) and (3) of Regulation (EC) No 207/2009 — Relative ground for refusal — Likelihood of confusion — Identity or similarity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation No 207/2009 — Partial refusal of registration)
ECLI:EU:UNKNOWN:62011TA0569
62011TA0569
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Official Journal of the European Union
C 336/20
(Case T-569/11) (<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark GITANA - Earlier Community figurative mark KiTANA - Proof of genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009 - Relative ground for refusal - Likelihood of confusion - Identity or similarity of the goods - Similarity of the signs - Article 8(1)(b) of Regulation No 207/2009 - Partial refusal of registration)
2013/C 336/40
Language of the case: English
Parties
Applicant: Gitana SA (Pregny-Chambésy, Switzerland) (represented by: F. Benech, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Teddy SpA (Rimini, Italy) (represented by: S. Rizzo, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 4 August 2011 (Case R 1825/2007-1), relating to opposition proceedings between Rosenruist — Gestão e serviços, Lda and Gitana SA
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Gitana SA to pay the costs.
(<span class="super">1</span>) OJ C 6, 7.1.2012.