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Judgment of the General Court (Sixth Chamber) of 14 September 2011. # K-Mail Order GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark MEN’Z - Prior trade name WENZ - Relative ground for refusal - Local range of the earlier sign - Article 8(4) and Article 41(1)(c) of Regulation (EC) No 207/2009. # Case T-279/10.
ECLI:EU:T:2011:472
62010TJ0279
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(Case T-279/10)
Community trade mark – Opposition proceedings – Application for Community figurative mark MEN’Z – Prior trade name WENZ – Relative ground for refusal – Local range of the earlier sign – Article 8(4) and Article 41(1)(c) of Regulation (EC) No 207/2009
Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an unregistered trade mark or other sign used in the course of trade – Local range of the sign (Council Regulation No 207/2009, Art. 8(4)) (see paras 23, 29-30)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 30 March 2010 (Case R 746/2009‑1) concerning opposition proceedings between Wenz GmbH and IVKO Industrieprodukt-Vertriebskontakt GmbH.
Operative part
The Court: