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Case C-42/12 P: Order of the Court of 29 November 2012 — Václav Hrbek v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Blacks Outdoor Retail Ltd, formerly The Outdoor Group Ltd (Appeals — Community trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) — Relative ground for refusal — Likelihood of confusion — Figurative mark — Opposition by the proprietor of an earlier trade mark — Appeal clearly inadmissible and clearly unfounded)
ECLI:EU:UNKNOWN:62012CB0042
62012CB0042
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Valentina R., lawyer
13.4.2013
EN
Official Journal of the European Union
C 108/8
(Case C-42/12 P) (<span class="super">1</span>)
(Appeals - Community trade mark - Regulation (EC) No 207/2009 - Article 8(1)(b) - Relative ground for refusal - Likelihood of confusion - Figurative mark - Opposition by the proprietor of an earlier trade mark - Appeal clearly inadmissible and clearly unfounded)
2013/C 108/15
Language of the case: English
Parties
Appellant: Václav Hrbek (represented by: M. Sabatier, avocat)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Folliard-Monguiral, acting as Agent), Blacks Outdoor Retail Ltd, formerly The Outdoor Group Ltd (represented by: M.S. Malynicz, Barrister)
Re:
Appeal brought against the judgment of the General Court (Sixth Chamber) of 15 November 2011 in Case T-434/10 Hrbek v OHIM — Outdoor Group (ALPINE PRO SPORTSWEAR & EQUIPMENT), by which the General Court of the European Union dismissed the action brought by the appellant against Decision R 1441/2009-2 of the Second Board of Appeal of OHIM of 8 July 2010, rejecting the action brought against the decision of the opposition division partially refusing registration of the figurative mark comprising the word elements ‘ALPINE PRO SPORTSWEAR & EQUIPMENT’ for goods in Classes 18, 24, 25 and 28 in the context of the opposition made by the holder of the Community figurative mark comprising the word element ‘alpine’ for goods in Classes 18 and 25 — Interpretation and application of Article 8(1)(b) of Regulation No 207/2009 — Likelihood of confusion
Operative part of the order
1.The appeal is dismissed.
2.Mr Václav Hrbek is ordered to pay the costs.
(<span class="super">1</span>) OJ C 98, 31.3.2012.