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Case T-463/12: Judgment of the General Court of 6 November 2014 — Popp and Zech v OHIM — Müller-Boré & Partner (MB) (Community trade mark — Opposition proceedings — Application for the Community word mark MB — Earlier Community figurative mark MB&P — Genuine use of the earlier mark — Article 42(2) and Article 15(1) of Regulation (EC) No 207/2009 — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009)

ECLI:EU:UNKNOWN:62012TA0463

62012TA0463

November 6, 2014
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Official Journal of the European Union

C 448/20

(Case T-463/12) (<span class="super">1</span>)

((Community trade mark - Opposition proceedings - Application for the Community word mark MB - Earlier Community figurative mark MB&P - Genuine use of the earlier mark - Article 42(2) and Article 15(1) of Regulation (EC) No 207/2009 - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009))

(2014/C 448/25)

Language of the case: German

Parties

Applicants: Eugen Popp (Munich, Germany) and Stefan M. Zech (Munich) (represented by: C. Rohnke and M. Jacob initially, then M. Jacob and F. Thiering)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Müller-Boré & Partner Patentanwälte (Munich) (represented by: T. Koerl and E. Celenk initially, then K. Kern and B. Maneth, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 19 July 2012 (Case R 506/2011-1), relating to opposition proceedings between Müller-Boré & Partner Patentanwälte, on the one hand, and Eugen Popp and Stefan M. Zech, on the other hand.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Eugen Popp and Stefan M. Zech to pay the costs.

(<span class="super">1</span>) OJ C 379, 8.12.2012.

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