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Case T-336/09: Judgment of the General Court of 19 January 2011 — Häfele v OHIM — Topcom Europe (Topcom) (Community trade mark — Opposition proceedings — Application for Community word mark Topcom — Earlier Community and Benelux word marks TOPCOM — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62009TA0336
62009TA0336
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26.2.2011
Official Journal of the European Union
C 63/26
(Case T-336/09) (<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for Community word mark Topcom - Earlier Community and Benelux word marks TOPCOM - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Article 8(1)(b) of Regulation (EC) No 207/2009)
2011/C 63/50
Language of the case: English
Parties
Applicant: Häfele GmbH & Co. KG (Nagold, Germany) (represented by: J. Dönch and M. Eck, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Topcom Europe (Heverlee, Belgium) (represented by: P. Maeyaert, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 5 June 2009 (Case R 1500/2008-2), concerning opposition proceedings between Topcom Europe NV and Häfele GmbH & Co. KG.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Häfele GmbH & Co. KG to pay the costs, including the costs necessarily incurred by Topcom Europe NV for the purposes of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
(<span class="super">1</span>) OJ C 256, 24.10.2009.