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Case T-366/07: Judgment of the General Court of 13 September 2010 — Procter & Gamble v OHIM — Prestige Cosmetics (P&G PRESTIGE BEAUTE) (Community trade mark — Opposition proceedings — Application for Community word mark P&G PRESTIGE BEAUTE — Earlier national figurative marks Prestige — Partial refusal to register — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62007TA0366
62007TA0366
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Official Journal of the European Union
C 301/25
(Case T-366/07)(1)
(Community trade mark - Opposition proceedings - Application for Community word mark P&G PRESTIGE BEAUTE - Earlier national figurative marks Prestige - Partial refusal to register - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2010/C 301/39
Language of the case: English
Parties
Applicant: The Procter & Gamble Company (Cincinnati, Ohio, United States) (represented by: K. Sandberg and B. Klingberg, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Laporta Insa, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Prestige Cosmetics SpA (Anzola Emilia, Italy) (represented by: A. Mugnoz, M. Andreolini and A. Parini, lawyers)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 19 July 2007 (Case R 681/2006-2) relating to opposition proceedings between Prestige Cosmetics Srl and The Procter & Gamble Company
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 July 2007 (Case R 681/2006-2);
2.Orders OHIM to pay, in addition to its own costs, the costs incurred by The Procter & Gamble Company in the proceedings before the Court;
3.Orders Prestige Cosmetics SpA to pay, in addition to its own costs, the costs incurred by The Procter & Gamble Company in the proceedings before the Board of Appeal;
4.Dismisses the action as to the remainder.
(1) OJ C 283, 24.11.2007.