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Case T-249/11: Judgment of the General Court of 14 May 2013 — Sanco v OHIM — Marsalman (Representation of a chicken) (Community trade mark — Opposition proceedings — Application for Community figurative mark representing a chicken — Earlier national figurative mark representing a chicken — Relative ground for refusal — Similarity between goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62011TA0249
62011TA0249
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22.6.2013
Official Journal of the European Union
C 178/8
(Case T-249/11)(1)
(Community trade mark - Opposition proceedings - Application for Community figurative mark representing a chicken - Earlier national figurative mark representing a chicken - Relative ground for refusal - Similarity between goods and services - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 178/14
Language of the case: Spanish
Parties
Applicant: Sanco, SA (Barcelona, Spain) (represented by: A. Segura Roda, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carillo, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Marsalman, SL (Barcelona, Spain)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 17 February 2011 (Case R 1073/2010-2), concerning opposition proceedings between Sanco, SA and Marsalman, SL
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 17 February 2011 (Case R 1073/2010-2);
2.Dismisses the action as to the remainder;
3.Orders OHIM to pay the costs.
(1) OJ C 204, 9.7.2011.