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(Case T-288/12)(1)
((Community trade mark - Opposition proceedings - Application for the figurative mark ZYTeL - Earlier Community word mark and well-known mark within the meaning of Article 6bis of the Paris Convention ZYTEL - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Detriment to the distinctive character or repute of the earlier mark - Article 8(5) of Regulation No 207/2009))
2014/C 175/49
Language of the case: English
Applicant: EI du Pont de Nemours and Company (Wilmington, Delaware, United States) (represented by: E. Armijo Chávarri, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Enrique Zueco Ruiz (Zaragoza, Spain)
Action brought against the decision of the Second Board of Appeal of OHIM of 29 March 2012 (Case R 464/2011-2) relating to opposition proceedings between EI du Pont de Nemours and Company and Mr Enrique Zueco Ruiz
The Court:
1)Dismisses the action;
2)Orders EI du Pont de Nemours and Company to pay the costs.
OJ C 273, 8. 9. 2012.