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(Case T-507/11)(1)
(Community trade mark - Opposition proceedings - Application for Community word mark Peek & Cloppenburg - Earlier national commercial name Peek & Cloppenburg - Relative ground for refusal - Likelihood of confusion - Article 8(4) of Regulation (EC) No 207/2009)
2013/C 156/76
Language of the case: German
Applicant: Peek & Cloppenburg KG (Düsseldorf, Germany) (represented by: initially S. Abrar, then P. Lange, 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: Peek & Cloppenburg (Hamburg, Germany) (represented by: A. Renck, V. von Bomhard, T. Heitmann, M. Petersenn, lawyers, and I. Fowler, solicitor)
Action brought against the decision of the First Board of Appeal of OHIM of 28 February 2011 (Case R 262/2005-1), relating to opposition proceedings between Peek & Cloppenburg and Peek & Cloppenburg KG.
The Court:
1.Dismisses the action;
2.Orders Peek & Cloppenburg KG to pay the costs.
(1)
OJ C 362, 10.12.2011.