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Case T-247/11: Judgment of the General Court of 7 March 2013 — FairWild Foundation v OHIM — Wild (FAIRWILD) (Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark FAIRWILD — Earlier Community word mark WILD — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

ECLI:EU:UNKNOWN:62011TA0247

62011TA0247

March 7, 2013
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Official Journal of the European Union

C 114/33

(Case T-247/11)(1)

(Community trade mark - Opposition proceedings - International registration designating the European Community - Word mark FAIRWILD - Earlier Community word mark WILD - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 114/53

Language of the case: German

Parties

Applicant: FairWild Foundation (Weinfelden, Switzerland) (represented by: P. Neuwald and S. Müller, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Rudolf Wild GmbH & Co. KG (Eppelheim, Germany) (represented by: A. Franke, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 3 March 2011 (Case R 1014/2010-1), relating to opposition proceedings between Rudolf Wild GmbH & Co. KG and FairWild Foundation

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders FairWild Foundation to pay the costs.

OJ C 238, 13.8.2011.

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