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Case T-172/10: Judgment of the General Court of 9 March 2012 — Colas v OHIM — García-Teresa Gárate and Bouffard Vicente (BASE-SEAL) (Community trade mark — Opposition proceedings — Application for the Community figurative mark BASE-SEAL — Earlier national figurative marks representing a diamond shape — Earlier national and international figurative marks COLAS — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62010TA0172
62010TA0172
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28.4.2012
Official Journal of the European Union
C 126/14
(Case T-172/10)(1)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark BASE-SEAL - Earlier national figurative marks representing a diamond shape - Earlier national and international figurative marks COLAS - Relative ground for refusal - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
2012/C 126/28
Language of the case: French
Parties
Applicant: Colas (Boulogne-Billancourt, France) (represented by: E. Logeais, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other parties to the proceedings before the Board of Appeal of OHIM: Rosario García-Teresa Gárate and Carmen Bouffard Vicente (Barcelona, Spain)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 4 February 2010 (Case R 450/2009-4), relating to opposition proceedings between, on the one hand, Colas and, on the other hand, Ms Rosario García-Teresa Gárate and Ms Carmen Bouffard Vicente
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 February 2010 (Case R 450/2009-4) in respect of goods other than the chemicals used in science, photography, agriculture, horticulture and forestry; manures; and chemical substances for preserving foodstuffs referred to in that decision;
2.Orders OHIM to pay the costs.
OJ C 161, 19.6.2010.