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Case C-552/09 P: Judgment of the Court (Fifth Chamber) of 24 March 2011 — Ferrero SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Tirol Milch reg.Gen.mbH Innsbruck (Appeal — Community trade mark — Regulation (EC) No 40/94 — Community figurative mark TiMi KiNDERJOGHURT — Earlier word mark KINDER — Invalidity proceedings — Article 52(1)(a) — Article 8(1)(b) and (5) — Assessment of the similarity of the signs — Family of marks)
ECLI:EU:UNKNOWN:62009CA0552
62009CA0552
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21.5.2011
Official Journal of the European Union
C 152/8
(Case C-552/09 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Community figurative mark TiMi KiNDERJOGHURT - Earlier word mark KINDER - Invalidity proceedings - Article 52(1)(a) - Article 8(1)(b) and (5) - Assessment of the similarity of the signs - Family of marks)
2011/C 152/13
Language of the case: English
Parties
Appellant: Ferrero SpA (represented by: C. Gielen, advocaat)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent), Tirol Milch reg.Gen.mbH Innsbruck
Re:
Appeal against the judgment of the Court of First Instance (Second Chamber) of 14 October 2009 in Case T-140/08 Ferrero SpA v OHIM — Tirol Milch, by which that court dismissed the action for annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 30 January 2008 in Case R 682/2007-2 annulling the decision of the Cancellation Division declaring the word mark ‘TiMi KiNDERJOGHURT’ invalid for goods in Class 29 in invalidity proceedings brought by the appellant
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Ferrero SpA to pay the costs.
(<span class="super">1</span>) OJ C 80, 27.3.2010.