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Case T-566/10: Judgment of the General Court of 12 September 2012 — Ertmer v OHIM (Community trade mark — Invalidity proceedings — Community word mark erkat — Earlier Community and national word and figurative marks CAT — Relative grounds for refusal — Likelihood of confusion — Damage to reputation — Article 8(1)(b) and (5) of Regulation (E) No 207/2009 — Obligation to state reasons)
ECLI:EU:UNKNOWN:62010TA0566
62010TA0566
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Official Journal of the European Union
C 319/8
(Case T-566/10) (<span class="super">1</span>)
(Community trade mark - Invalidity proceedings - Community word mark erkat - Earlier Community and national word and figurative marks CAT - Relative grounds for refusal - Likelihood of confusion - Damage to reputation - Article 8(1)(b) and (5) of Regulation (E) No 207/2009 - Obligation to state reasons)
2012/C 319/12
Language of the case: German
Parties
Applicant: Jutta Ertmer (Tastungen, Germany) (represented by: A. von Mühlendahl and C. Eckhartt, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Caterpillar, Inc. (Peoria, Illinois, United States) (represented by: A. Renck, V. von Bomhard and E. Nicolás Gómez, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 7 September 2010 (Case R 270/2010-1) relating to invalidity proceedings between Caterpillar, Inc. and Jutta Ertmer.
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 September 2010 (Case R 270/2010-1);
2.Dismisses the action as to the remainder;
3.Orders OHIM and Caterpillar, Inc. to pay the costs
(<span class="super">1</span>) OJ C 55, 19.2.2011.