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Case T-542/10: Judgment of the General Court of 13 June 2012 — XXXLutz Marken v OHIM — Meyer Manufacturing (CIRCON) (Community trade mark — Opposition proceedings — Application for Community word mark CIRCON — Prior Community word mark CIRCULON — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Highly distinctive character — Goodwill — Article 8(1)(b) of Regulation (EC) No 207/2009 — Procedure before the Board of Appeal — Rights of the defence — Articles 75 and 76 of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62010TA0542
62010TA0542
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21.7.2012
Official Journal of the European Union
C 217/20
(Case T-542/10)(1)
(Community trade mark - Opposition proceedings - Application for Community word mark CIRCON - Prior Community word mark CIRCULON - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Highly distinctive character - Goodwill - Article 8(1)(b) of Regulation (EC) No 207/2009 - Procedure before the Board of Appeal - Rights of the defence - Articles 75 and 76 of Regulation No 207/2009)
2012/C 217/43
Language of the case: German
Parties
Applicant: XXXLutz Marken GmbH (Wels, Austria) (represented by: H. Pannen, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: R. Manea, and subsequently by: K. Klüpfel, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Meyer Manufacturing Co. Ltd (Kowloon, Hong Kong) (represented by: M. Fiedler, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 3 September 2010 (Case R 40/2010-1) concerning opposition proceedings between Meyer Manufacturing Co. Ltd and XXXLutz Marken GmbH.
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 September 2010 (Case R 40/2010-1);
2.Orders OHIM to bear its own costs and to pay those incurred by XXXLutz Marken GmbH;
3.Orders Meyer Manufacturing Co. Ltd to bear its own costs.
OJ C 30, 29.1.2011.
* * *
Language of the case: German.