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Order of the Court (Fifth Chamber) of 28 June 2012.#Appeal — Article 119 of the Rules of Procedure — Community trade mark — Application for registration of the word sign ‘TOFUKING’ — Opposition by the proprietor of the trade mark Curry King — Regulation (EC) No 207/2009 — Article 8(1)(b) — Likelihood of confusion — Degree of similarity.#Case C-599/11 P.
ECLI:EU:C:2012:403
62011CO0599
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(Case C-599/11 P)
Re:
Appeal against the judgment of the General Court (Second Chamber) of 20 September 2011 in Case T-99/10 Meica v OHIM — TofuTown.com (TOFUKING), in which the General Court annulled the decision of the Fourth Board of Appeal of OHIM of 7 January 2010 (Case R 63/2009-4) concerning opposition proceedings between Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG and TofuTown.com GmbH — Likelihood of confusion.
Operative part:
1.The appeal is dismissed.
2.TofuTown.com GmbH is ordered to bear its own costs and to pay the costs incurred by Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG.
3.The Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) is ordered to bear its own costs.