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Case T-466/09: Judgment of the General Court of 5 July 2012 — Comercial Losan v OHIM — McDonald’s International Property (Mc. Baby) (Community trade mark — Opposition proceedings — Application for the Community figurative mark Mc. Baby — Earlier Community figurative mark Mc Kids. always quality. always fun! — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62009TA0466
62009TA0466
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11.8.2012
Official Journal of the European Union
C 243/16
(Case T-466/09) (<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark Mc. Baby - Earlier Community figurative mark Mc Kids. always quality. always fun! - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2012/C 243/30
Language of the case: Spanish
Parties
Applicant: Comercial Losan, SLU (Zaragoza, Spain) (represented by: A. Vela Ballesteros, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: McDonald’s International Property Co. Ltd (Wilmington, Delaware, United States)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 1 September 2009 (Case R 1706/2008-1) concerning opposition proceedings between McDonald’s International Property Co. Ltd and Comercial Losan, SLU.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Comercial Losan, SLU to pay the costs.
(<span class="super">1</span>) OJ C 24, 30.1.2010.