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Case T-401/12: Judgment of the General Court of 11 June 2014 — Klingel v OHIM — Develey (JUNGBORN) (Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark JUNGBORN — Earlier national word mark BORN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

ECLI:EU:UNKNOWN:62012TA0401

62012TA0401

June 11, 2014
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28.7.2014

Official Journal of the European Union

C 245/11

(Case T-401/12)(1)

((Community trade mark - Opposition proceedings - International registration designating the European Community - Word mark JUNGBORN - Earlier national word mark BORN - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

2014/C 245/14

Language of the case: German

Parties

Applicant: Robert Klingel OHG (Pforzheim, Germany) (represented by: T. Zeiher, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Develey Holding GmbH & Co. Beteiligungs KG (Unterhaching, Germany) (represented by: R. Kunz-Hallstein and H. Kunz-Hallstein, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 July 2012 (Case R 936/2011-4) relating to opposition proceedings between Develey Holding GmbH & Co. Beteiligungs KG and Robert Klingel OHG.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Robert Klingel OHG to pay the costs.

OJ C 331, 27.10.2012.

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