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Case C-177/13 P: Order of the Court (Sixth Chamber) of 13 February 2014 — Marek Marszałkowski v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Mar-Ko Fleischwaren GmbH & Co. KG (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Application for Community figurative mark with the word elements ‘Walichnowy’ and ‘Marko’ — Opposition by the proprietor of the Community word MAR-KO — Relative ground for refusal — Likelihood of confusion)
ECLI:EU:UNKNOWN:62013CB0177
62013CB0177
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16.6.2014
Official Journal of the European Union
C 184/5
(Case C-177/13 P) (<span class="super">1</span>)
((Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Application for Community figurative mark with the word elements ‘Walichnowy’ and ‘Marko’ - Opposition by the proprietor of the Community word MAR-KO - Relative ground for refusal - Likelihood of confusion))
2014/C 184/06
Language of the case: Polish
Parties
Appellant: Marek Marszałkowski (represented by: C. Sadkowski, lawyer)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent), Mar-Ko Fleischwaren GmbH & Co.
Re:
Appeal brought against the judgment of the General Court (First Chamber) of 4 February 2013 in Case T-159/11 Marszalkowski v OHIM — Mar-Ko Fleischwaren (WALICHNOWY MARKO), by which the General Court dismissed the action brought against the decision of the Fourth Board of Appeal of OHIM of 11 January 2011 (Case R 760/2010-4) which annulled the decision of the Opposition Division dismissing the opposition brought by the proprietor of the Community word mark ‘Mar-Ko’ in respect of goods in Class 29 of the Nice Agreement — Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) and Article 48(2) of the Rules of Procedure of the General Court — Relative ground for refusal — Likelihood of confusion
Operative part of the order
1.The appeal is dismissed.
2.Marek Marszałkowski is ordered to pay the costs.
(<span class="super">1</span>) OJ C 207, 20. 7. 2013.