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(Case T-227/13)(1)
((Community trade mark - Opposition proceedings - Application for Community word mark INTERFACE - Earlier Community word mark Interfog - Relative ground for refusal - Likelihood of confusion - Identity of the goods - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2015/C 127/30)
Language of the case: English
Applicant: Bayer Intellectual Property GmbH (Monheim am Rhein, Germany) (represented by: E. Armijo Chávarri and A. Sanz Cerralbo, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially, A. Schifko and, subsequently, D. Walicka, Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Interhygiene GmbH (Cuxhaven, Germany)
Action brought against the decision of the Fourth Board of Appeal of OHIM of 4 February 2013 (Case R 1688/2011-4), relating to opposition proceedings between Interhygiene GmbH and Bayer Intellectual Property GmbH.
The Court:
1.Dismisses the action;
2.Orders Bayer Intellectual Property GmbH to pay the costs.
OJ C 178, 22.6.2013.