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Case T-353/09: Judgment of the General Court of 1 February 2012 — mtronix v OHIM — Growth Finance (mtronix) (Community trade mark — Opposition proceedings — Application for Community word mark mtronix — Earlier Community word mark Montronix — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62009TA0353
62009TA0353
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10.3.2012
Official Journal of the European Union
C 73/27
(Case T-353/09)(1)
(Community trade mark - Opposition proceedings - Application for Community word mark mtronix - Earlier Community word mark Montronix - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2012/C 73/52
Language of the case: German
Parties
Applicant: mtronix OHG (Berlin, Germany) (represented by: M. Schnetzer, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Growth Finance AG (Zug, Switzerland)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 23 June 2009 (Case R 1557/2007-4) concerning opposition proceedings between Growth Finance AG and mtronix OHG.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders mtronix OHG to pay the costs.
OJ C 282, 21.11.2009.