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Case T-568/11: Judgment of the General Court of 11 January 2013 — Kokomarina v OHIM — Euro Shoe Group (interdit de me gronder IDMG) (Community trade mark — Opposition proceedings — International registration designating the European Community — Figurative mark interdit de me gronder IDMG — Earlier Benelux word mark DMG — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark disputed for the first time before the General Court)

ECLI:EU:UNKNOWN:62011TA0568

62011TA0568

January 11, 2013
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16.2.2013

Official Journal of the European Union

C 46/18

(Case T-568/11)(<span class="super">1</span>)

(Community trade mark - Opposition proceedings - International registration designating the European Community - Figurative mark interdit de me gronder IDMG - Earlier Benelux word mark DMG - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark disputed for the first time before the General Court)

2013/C 46/32

Language of the case: French

Parties

Applicant: Kokomarina (Concarneau, France) (represented by: C. Charrière-Bournazel, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Euro Shoe Group (Beringen, Belgium) (represented by: I. Vernimme, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 21 July 2011 (Case R 1814/2010-1), relating to opposition proceedings between Euro Shoe Unie and Kokomarina

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Kokomarina to pay the costs.

(<span class="super">1</span>) OJ C 13, 14.1.2012.

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