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Case T-641/14: Judgment of the General Court of 24 September 2015 — Dellmeier v OHIM — Dell (LEXDELL) (Community trade mark — Opposition proceedings — Application for the Community word mark LEXDELL — Earlier Community figurative mark DELL — Relative grounds for refusal — Detriment to the distinctive character or the repute of the earlier mark — Article 8(5) of Regulation (EC) No 207/2009 — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62014TA0641
62014TA0641
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23.11.2015
Official Journal of the European Union
C 389/54
(Case T-641/14)(1)
((Community trade mark - Opposition proceedings - Application for the Community word mark LEXDELL - Earlier Community figurative mark DELL - Relative grounds for refusal - Detriment to the distinctive character or the repute of the earlier mark - Article 8(5) of Regulation (EC) No 207/2009 - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation No 207/2009))
(2015/C 389/60)
Language of the case: English
Parties
Applicant: Alexandra Dellmeier (Munich, Germany) (represented by: initially J. Khöber, and subsequently by H. Eckermann, 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, intervener before the General Court: Dell, Inc. (Round Rock, Texas, United States) (represented by: A. Renck and E. Nicolás Gómez, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 4 June 2014 (Case R 966/2013-2) relating to opposition proceedings between Dell, Inc., and Ms Alexandra Dellmeier
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Ms Alexandra Dellmeier to pay the costs.
OJ C 380, 27.10.2014.