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Case C-23/09 P: Order of the Court (Fifth Chamber) of 22 January 2010 — ecoblue AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Banco Bilbao Vizcaya Argentaria SA (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Earlier mark BLUE — Word sign ‘Ecoblue’ — Likelihood of confusion — Similarity of the signs)
ECLI:EU:UNKNOWN:62009CB0023
62009CB0023
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Official Journal of the European Union
C 134/11
(Case C-23/09 P) (<a id="ntc1-C_2010134EN.01001101-E0001" href="#ntr1-C_2010134EN.01001101-E0001"> (<span class="super">1</span>)</a>
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Earlier mark BLUE - Word sign ‘Ecoblue’ - Likelihood of confusion - Similarity of the signs)
2010/C 134/17
Language of the case: English
Parties
Appellant: ecoblue AG (represented by: C. Osterrieth, Rechtsanwalt)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent), Banco Bilbao Vizcaya Argentaria SA
Re:
Appeal brought against the judgment of the Court of First Instance (First Chamber) of 12 November 2008 in Case T-281/07 ecoblue AG v OHIM by which the Court of First Instance dismissed an action brought by the applicant for the word mark ‘Ecoblue’ for services in Classes 35, 36 and 38 against Decision R 844/2006-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 25 April 2007 dismissing the appeal brought against the decision of the Opposition Division which refused registration of that mark in the context of the opposition brought by the proprietor of the Community word mark ‘BLUE’ for goods and services in Classes 9, 36 and 38, and of other Community word marks containing the word ‘BLUE’
Operative part of the order
1.The appeal is dismissed.
2.ecoblue AG shall pay the costs.
(<a id="ntr1-C_2010134EN.01001101-E0001" href="#ntc1-C_2010134EN.01001101-E0001">(<span class="super">1</span>)</a> OJ C 90, 18.04.2009)
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Language of the case: English