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Case T-333/13: Judgment of the General Court of 15 July 2015 — Westermann Lernspielverlag v OHIM — Diset (bambinoLÜK) (Community trade mark — Opposition proceedings — Application for Community figurative mark bambinoLÜK — Earlier Community figurative mark BAMBINO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

ECLI:EU:UNKNOWN:62013TA0333

62013TA0333

July 15, 2015
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14.9.2015

Official Journal of the European Union

C 302/47

(Case T-333/13)(1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark bambinoLÜK - Earlier Community figurative mark BAMBINO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 302/60)

Language of the case: English

Parties

Applicant: Westermann Lernspielverlag GmbH (Brunswick, Germany) (represented by: A. Nordemann and M. Maier, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Diset, SA (Barcelona, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 April 2013 (Case R 1323/2012-2) concerning opposition proceedings between Diset, SA and Westermann Lernspielverlag GmbH.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Westermann Lernspielverlag GmbH to pay the costs.

OJ C 252, 31.8.2013.

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