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Case T-363/13: Judgment of the General Court of 13 May 2015 — Harper Hygienics v OHIM — Clinique Laboratories (CLEANIC intimate) (Community trade mark — Opposition proceedings — Application for the Community figurative mark CLEANIC intimate — Earlier Community word marks CLINIQUE — Relative grounds for refusal — Likelihood of confusion — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier marks — Article 8(5) of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62013TA0363
62013TA0363
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29.6.2015
Official Journal of the European Union
C 213/30
(Case T-363/13)(1)
((Community trade mark - Opposition proceedings - Application for the Community figurative mark CLEANIC intimate - Earlier Community word marks CLINIQUE - Relative grounds for refusal - Likelihood of confusion - Similarity of the goods and services - Article 8(1)(b) of Regulation (EC) No 207/2009 - Unfair advantage taken of the distinctive character or the repute of the earlier marks - Article 8(5) of Regulation No 207/2009))
(2015/C 213/52)
Language of the case: Polish
Parties
Applicant: Harper Hygienics S.A. (Warsaw, Poland) (represented by: initially R. Rumpel, and subsequently D. Rzążewska and G. Pietras, lawyers)
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: Clinique Laboratories, LLC (Wilmington, Delaware, United States) (represented by: initially V. von Bomhard, lawyer, and K. Hughes, Solicitor, and subsequently K. Hughes)
Re:
Action brought against the decision of the Fifth Board of Appeal of OHIM of 29 April 2013 (Case R 606/2012-5), relating to opposition proceedings between Clinique Laboratories, LLC and Harper Hygienics S.A.
Operative part of the judgment
The Court:
1.dismisses the action;
2.orders Harper Hygienics S.A. to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Clinique Laboratories, LLC.
OJ C 274, 21.9.2013.