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Case T-361/08: Judgment of the General Court of 21 April 2010 — Peek & Cloppenburg and van Graaf v OHIM — Queen Sirikit Institute of Sericulture (Thai Silk) (Community trade mark — Opposition proceedings — Application for the figurative Community trade mark Thai Silk — Earlier national figurative trade mark representing a winged creature — Admissibility of the action — Relative ground for refusal — 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:62008TA0361
62008TA0361
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5.6.2010
Official Journal of the European Union
C 148/28
(Case T-361/08) (<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for the figurative Community trade mark Thai Silk - Earlier national figurative trade mark representing a winged creature - Admissibility of the action - Relative ground for refusal - 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 148/50
Language of the case: German
Parties
Applicants: Peek & Cloppenburg (Hamburg, Germany); and van Graaf GmbH & Co. KG (Vienna, Austria) (represented by: V. von Bomhard, A. Renck, T. Dolde and J. Pause, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: S. Schäffner, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: The Queen Sirikit Institute of Sericulture, Office of the Permanent Secretary, Ministry of Agriculture and Cooperatives, Thailand (Bangkok, Thailand), replaced by the Office of the Permanent Secretary, The Prime Minister’s Office, Thailand (represented by: A. Kockläuner, lawyer)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 10 June 2008 (Case R 1677/2007-4), relating to opposition proceedings between Peek & Cloppenburg and the Office of the Permanent Secretary, The Prime Minister’s Office, Thailand.
Operative part of the order
The Court:
1.Dismisses the action;
2.Orders Peek & Cloppenburg and van Graaf GmbH & Co. KG to pay the costs.
(<span class="super">1</span>) OJ C 301, 22.11.2008.