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Case T-352/14: Judgment of the General Court of 15 July 2015 — The Smiley Company v OHIM — The Swatch Group Management Services (HAPPY TIME) (Community trade mark — Opposition proceedings — Application for Community word mark HAPPY TIME — Earlier international word mark HAPPY HOURS — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62014TA0352
62014TA0352
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Official Journal of the European Union
C 302/51
(Case T-352/14)(1)
((Community trade mark - Opposition proceedings - Application for Community word mark HAPPY TIME - Earlier international word mark HAPPY HOURS - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
(2015/C 302/66)
Language of the case: English
Parties
Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: I.-M. Helbig, P. Hansmersmann and S. Rengshausen, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: The Swatch Group Management Services AG (Biel, Switzerland)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 6 February 2014 (Case R 1497/2013-1), relating to opposition proceedings between The Swatch Group Management Services AG and The Smiley Company SPRL.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders The Smiley Company SPRL to pay the costs.
OJ C 245, 28.7.2014.