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Case T-160/12: Judgment of the General Court of 14 May 2014 — Adler Modemärkte v OHIM — Blufin (MARINE BLEU) (Community trade mark — Opposition proceedings — Application for Community word mark MARINE BLEU — Earlier Community word mark BLUMARINE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62012TA0160
62012TA0160
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30.6.2014
Official Journal of the European Union
C 202/19
(Case T-160/12)(1)
((Community trade mark - Opposition proceedings - Application for Community word mark MARINE BLEU - Earlier Community word mark BLUMARINE - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
2014/C 202/23
Language of the case: German
Parties
Applicant: Adler Modemärkte AG (Haibach, Germany) (represented by: J.-C. Plate and R. Kaase, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka and G. Schneider, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Blufin SpA (Carpi, Italy) (represented by: F. Caricato, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 3 February 2012 (case R 1955/2010-2) relating to opposition proceedings between Blufin SpA and Adler Modemärkte AG.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.orders Adler Modemärkte AG to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs);
3.orders Blufin SpA to bear its own costs.
OJ C 184, 23.6.2012.