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Case T-284/12: Judgment of the General Court of 16 September 2013 — Oro Clean Chemie v OHIM (PROSEPT) (Community trade mark — Opposition proceedings — Application for Community word mark PROSEPT — Earlier national word mark Pursept — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Rights of defence — Article 75 of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62012TA0284
62012TA0284
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Official Journal of the European Union
C 336/21
(Case T-284/12)(1)
(Community trade mark - Opposition proceedings - Application for Community word mark PROSEPT - Earlier national word mark Pursept - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 - Rights of defence - Article 75 of Regulation No 207/2009)
2013/C 336/41
Language of the case: German
Parties
Applicant: Oro Clean Chemie AG (Fehraltorf, Switzerland) (represented by: F. Ekey, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Other party/parties to the proceedings before the Board of Appeal of OHIM: Merz Pharma GmbH & Co. KGaA (Frankfurt am Main, Germany) (represented by: M. Hirsch and C. Mayerhöffer, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 29 March 2012 (Case R 1053/2011-1), relating to opposition proceedings between Merz Pharma GmbH & Co. KGaA and Oro Clean Chemie AG.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Oro Clean Chemie AG to pay the costs.
OJ C 258, 25.8.2012.