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Case C-354/11 P: Order of the Court (Seventh Chamber) of 22 March 2012 — Maurice Emram v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Guccio Gucci SpA (Appeal — Article 119 of the Rules of Procedure — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Application for registration of the figurative mark G — Trade marks)

ECLI:EU:UNKNOWN:62011CB0354

62011CB0354

March 22, 2012
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Official Journal of the European Union

C 235/5

(Case C-354/11 P) (<span class="super">1</span>)

(Appeal - Article 119 of the Rules of Procedure - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Application for registration of the figurative mark G - Trade marks)

2012/C 235/07

Language of the case: French

Parties

Appellant: Maurice Emram (represented by: M. Benavï, avocat)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent), Guccio Gucci SpA (represented by: F. Jacobacci, avvocato)

Re:

Appeal brought against the judgment of the General Court (Second Chamber) of 10 May 2011 in Case T-187/10 Emram v OHIM dismissing the action brought against the decision of the First Board of Appeal of OHIM of 11 February 2010 (Case R 1281/2008-1) relating to opposition proceedings between Guccio Gucci SpA and Mr Emram — Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Application for Community figurative mark G — Likelihood of confusion — Distortion of the evidence — Incorrect assessment of the distinctive character — Infringement of the principle of equal treatment

Operative part of the order

1.The appeal is dismissed.

2.Mr Emram shall pay the costs.

(<span class="super">1</span>) OJ C 282, 24.9.2011.

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