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Case C-357/12 P: Order of the Court (Seventh Chamber) of 30 May 2013 — Harald Wohlfahrt v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Ferrero SpA (Appeal — Community trade mark — Regulation (EC) No 40/94 — Articles 8(1)(b) and 43(2) — Word sign ‘Kindertraum’ — Opposition of the proprietor of the earlier national word mark Kinder)
ECLI:EU:UNKNOWN:62012CB0357
62012CB0357
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Official Journal of the European Union
C 225/48
(Case C-357/12 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Articles 8(1)(b) and 43(2) - Word sign ‘Kindertraum’ - Opposition of the proprietor of the earlier national word mark Kinder)
2013/C 225/83
Language of the case: German
Parties
Appellant: Harald Wohlfahrt (represented by: M. Loschelder and V. Schoene, Rechtsanwälte)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, Agent), Ferrero SpA (represented by: F. Jacobacci and L. Ghedina, avvocati)
Re:
Appeal lodged against the judgment of the General Court (Fifth Chamber) of 16 May 2012 in Case T-580/10 Wohlfahrt v OHIM — Ferrero (Kindertraum) by which that court dismissed the action brought against the decision of the Fourth Board of Appeal of OHIM of 20 October 2010 (Case R 815/2009-4) relating to opposition proceedings between Ferrero SpA and Mr Harald Wohlfahrt — Registration of the word sign ‘Kindertraum’ for goods in Classes 16 and 28 — Likelihood of confusion with the earlier word mark ‘Kinder’ — Infringement of Articles 8(1)(b), 42(2), and 75, first sentence, of Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)
Operative part of the order
1.The appeal is dismissed.
2.Mr Harald Wohlfahrt shall pay the costs.
(<span class="super">1</span>) OJ C 287, 22.9.2012