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Case T-344/09: Judgment of the General Court of 27 June 2012 — Hearst Communications, Inc., v OHIM — Vida Estética (COSMOBELLEZA) (Community trade mark — Opposition proceedings — Application for Community word mark COSMOBELLEZA — Earlier national and international word and figurative marks COSMO, COSMOPOLITAN, COSMOTEST, COSMOPOLITAN TELEVISION and THE COSMOPOLITAN SHOW — Non registered marks and trade names COSMO and COSMOPOLITAN — Relative grounds for refusal — No likelihood of confusion — No similarity between the marks — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62009TA0344
62009TA0344
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Official Journal of the European Union
C 235/13
(Case T-344/09)(<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for Community word mark COSMOBELLEZA - Earlier national and international word and figurative marks COSMO, COSMOPOLITAN, COSMOTEST, COSMOPOLITAN TELEVISION and THE COSMOPOLITAN SHOW - Non registered marks and trade names COSMO and COSMOPOLITAN - Relative grounds for refusal - No likelihood of confusion - No similarity between the marks - Article 8(1)(b) of Regulation (EC) No 207/2009)
2012/C 235/31
Language of the case: English
Parties
Applicant: Hearst Communications, Inc., (New York, United States) (represented by: A. Nordemann, C. Czychowski and A. Nordemann-Schiffel, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by C. Bartos, and subsequently by V. Melgar, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Vida Estética, SL (Barcelona, Spain) (represented by: A.I. Alejos Cutuli, lawyer)
Re:
Action against the decision of the Second Board of Appeal of OHIM of 4 June 2009 (Case R 770/2007-2) relating to opposition proceedings between Hearst Communications, Inc. and Vida Estética, SL
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Hearst Communications, Inc. to pay the costs.
(<span class="super">1</span>) OJ C 256, 24.10.2009.