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Case T-238/10: Judgment of the General Court of 20 October 2011 — Scatizza v OHIM — Jacinto (Horse Couture) (Community trade mark — Opposition proceedings — Application for registration of the Community figurative mark Horse Couture — Earlier national figurative mark HORSE — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62010TA0238
62010TA0238
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Official Journal of the European Union
C 355/18
(Case T-238/10)(1)
(Community trade mark - Opposition proceedings - Application for registration of the Community figurative mark Horse Couture - Earlier national figurative mark HORSE - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2011/C 355/32
Language of the case: English
Parties
Applicant: Stephanie Scatizza (Breganzona, Switzerland) (represented by: P. Perani and P. Pozzi, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Manuel Jacinto, Lda (São Paio de Oleiros, Portugal)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 5 March 2010 (Case R 723/2009-2) relating to opposition proceedings between Manuel Jacinto, Lda and Stephanie Scatizza.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Stephanie Scatizza to pay the costs.
OJ C 209, 31.7.2010.