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Case T-455/12: Judgment of the General Court of 16 October 2013 — Zoo Sport v OHIM — K-2 (zoo sport) (Community trade mark — Opposition proceedings — Application for Community figurative mark ZOO Sport — Earlier Community word mark ZOOT and earlier Community figurative mark SPORTS ZOOT SPORTS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62012TA0455
62012TA0455
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30.11.2013
Official Journal of the European Union
C 352/16
(Case T-455/12)(<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for Community figurative mark ZOO Sport - Earlier Community word mark ZOOT and earlier Community figurative mark SPORTS ZOOT SPORTS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 352/29
Language of the case: English
Parties
Applicant: Zoo Sport Ltd (Leeds, United Kingdom) (represented by: I. Rungg, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: K-2 Corp. (Seattle, United States of America) (represented by: M. Graf, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 August 2012 (Case R 1395/2011-4), relating to opposition proceedings between K-2 Corp. and Zoo Sport Ltd.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Zoo Sport Ltd to pay the costs.
(<span class="super">1</span>) OJ C 399, 22.12.2012.