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Case T-462/09: Judgment of the General Court of 12 January 2012 — Storck v OHIM — RAI (Ragolizia) (Community trade mark — Opposition proceedings — Application for Community word mark Ragolizia — Earlier Community word mark FAVOLIZIA — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62009TA0462
62009TA0462
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18.2.2012
Official Journal of the European Union
C 49/23
(Case T-462/09)(1)
(Community trade mark - Opposition proceedings - Application for Community word mark Ragolizia - Earlier Community word mark FAVOLIZIA - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
2012/C 49/40
Language of the case: German
Parties
Applicant: August Storck KG (Berlin, Germany) (represented by: I. Rohr, P. Goldenbaum and T. Melchert, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Radiotelevisione italiana SpA (RAI) (Rome, Italy)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 September 2009 (Case R 1779/2008-4) concerning opposition proceedings between Radiotelevisione italiana SpA (RAI) and August Storck KG.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders August Storck KG to pay the costs.
OJ C 11, 16.1.2010.