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Case T-29/12: Judgment of the General Court of 28 November 2012 — Bauer v OHIM — BenQ Materials (Daxon) (Community trade mark — Opposition proceedings — Application for Community word mark Daxon — Earlier Community word mark DALTON — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62012TA0029
62012TA0029
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26.1.2013
Official Journal of the European Union
C 26/44
(Case T-29/12)(1)
(Community trade mark - Opposition proceedings - Application for Community word mark Daxon - Earlier Community word mark DALTON - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 26/85
Language of the case: German
Parties
Applicant: Erika Bauer (Schaufling, Germany) (represented by: A. Merz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: BenQ Materials Corp. (Gueishan Taoyuan, Taiwan)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 9 November 2011 (Case R 2191/2010-2) relating to opposition proceedings between Mrs Erika Bauer and BenQ Materials Corp.
Operative part of the judgment
The Court:
1.Alva Management GmbH is granted leave to be substituted for Mrs Erika Bauer as applicant;
2.The action is dismissed.
3.Alva Management is ordered to pay the costs.
OJ C 80, 17.3.2012.