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Case T-304/12: Judgment of the General Court of 16 January 2014 — Message Management v OHIM — Absacker (ABSACKER of Germany) (Community trade mark — Opposition proceedings — Application for Community figurative mark ABSACKER of Germany — Earlier national figurative mark ABSACKER — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

ECLI:EU:UNKNOWN:62012TA0304

62012TA0304

January 16, 2014
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22.2.2014

Official Journal of the European Union

C 52/35

(Case T-304/12) (<span class="super">1</span>)

(Community trade mark - Opposition proceedings - Application for Community figurative mark ABSACKER of Germany - Earlier national figurative mark ABSACKER - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2014/C 52/64

Language of the case: German

Parties

Applicant: Message Management GmbH (Wiesbaden, Germany) (represented by: C. Konle, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Pohlmann, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Absacker GmbH (Cologne, Germany)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 21 March 2012 (case R 1028/2011-1), relating to opposition proceedings between Absacker GmbH and Message Management GmbH.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Message Management GmbH to pay the costs.

(<span class="super">1</span>) OJ C 273, 8.9.2012.

Language of the case: German

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