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Case T-393/09: Judgment of the General Court of 13 October 2011 — NEC Display Solutions Europe GmbH v OHIM — Nokia (NaViKey) (Community trade mark — Opposition proceedings — Application for Community word mark NaViKey — Earlier Community word mark NAVI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Breach of the duty to state reasons — Article 75 of Regulation No 207/2009)

ECLI:EU:UNKNOWN:62009TA0393

62009TA0393

October 13, 2011
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Valentina R., lawyer

26.11.2011

Official Journal of the European Union

C 347/28

(Case T-393/09) (<span class="super">1</span>)

(Community trade mark - Opposition proceedings - Application for Community word mark NaViKey - Earlier Community word mark NAVI - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Breach of the duty to state reasons - Article 75 of Regulation No 207/2009)

2011/C 347/43

Language of the case: English

Parties

Applicant: NEC Display Solutions Europe GmbH (Munich, Germany) (represented by: P. Munzinger, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Hanne, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Nokia Corp. (Espoo, Finland) (represented by J. Tanhuanpää, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 16 June 2009 (Case R 1143/2008-2), relating to opposition proceedings between Nokia Corp. and NEC Display Solutions Europe GMbH.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders NEC Display Solutions Europe GmbH to pay the costs.

(<span class="super">1</span>) OJ C 297, 5.12.2009.

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