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Case T-444/10: Judgment of the General Court of 21 February 2013 — Esge v OHIM — De’Longhi Benelux (KMIX) (Community trade mark — Opposition proceedings — Application for Community word mark KMIX — Earlier Community word mark BAMIX — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62010TA0444
62010TA0444
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Official Journal of the European Union
C 108/21
(Case T-444/10) (<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for Community word mark KMIX - Earlier Community word mark BAMIX - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 108/57
Language of the case: English
Parties
Applicant: Esge AG (Bussnang, Switzerland) (represented by: J. Klink, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: De’Longhi Benelux SA, formerly Kenwood Appliances Luxembourg SA (Luxembourg, Luxembourg) (represented by: P. Strickland, Solicitor, and L. St. Ville, Barrister)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 14 July 2010 (Case R 1249/2009-2), concerning opposition proceedings between Esge AG and Kenwood Appliances Luxembourg SA.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Esge AG to pay the costs.
(<span class="super">1</span>) OJ C 317, 20.11.2010.