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Case T-491/13: Judgment of the General Court of 16 December 2015 — Perfetti Van Melle Benelux v OHIM — Intercontinental Great Brands (TRIDENT PURE) (Community trade mark — Opposition proceedings — Application for Community word mark TRIDENT PURE — Earlier Community, national, international and Benelux figurative and word marks PURE WHITE, mentos PURE FRESH PURE BREATH, PURE, PURE FRESH, mentos PURE FRESH and mentos PURE WHITE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

ECLI:EU:UNKNOWN:62013TA0491

62013TA0491

December 16, 2015
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Official Journal of the European Union

C 48/46

(Case T-491/13)(1)

((Community trade mark - Opposition proceedings - Application for Community word mark TRIDENT PURE - Earlier Community, national, international and Benelux figurative and word marks PURE WHITE, mentos PURE FRESH PURE BREATH, PURE, PURE FRESH, mentos PURE FRESH and mentos PURE WHITE - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 048/51)

Language of the case: English

Parties

Applicant: Perfetti Van Melle Benelux BV (Breda, Netherlands) (represented by: P. Perani, G. Ghisletti and F. Braga, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Intercontinental Great Brands LLC (East Hanover, New Jersey, United States) (represented by: M. Haak, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 9 July 2013 (Case R 706/2012-4) concerning opposition proceedings between Perfetti Van Melle Benelux BV and Kraft Foods Global Brands LLC.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Perfetti Van Melle Benelux BV to pay the costs.

OJ C 344, 23.11.2013.

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