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(Case T-38/13)(1)
((Community trade mark - Opposition proceedings - Application for the Community word mark PEDRO - Earlier Community figurative mark Pedro del Hierro - Partial refusal to register - Relative grounds for refusal - Genuine use of the earlier mark - Highly distinctive character of the earlier mark - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
2014/C 194/30
Language of the case: English
Applicant: Pedro Group Pte Ltd (Singapore, Singapore) (represented by: B. Brandreth, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Vuijst and J. Crespo Carrillo, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Cortefiel, SA (Madrid, Spain) (represented initially by H. Mosback, P. López Ronda, G. Macias Bonilla and G. Marín Raigal, and subsequently by P. López Ronda, G. Macias Bonilla and G. Marín Raigal, lawyers)
Action brought against the decision of the Fourth Board of Appeal of OHIM of 26 November 2012 (Case R 271/2011-4), relating to opposition proceedings between Cortefiel, SA, and Pedro Group Pte Ltd.
The Court:
1.Dismisses the action;
2.Orders Pedro Group Pte Ltd to pay the costs.
OJ C 101, 6.4.2013.