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Case T-445/10: Judgment of the General Court of 20 September 2012 — HerkuPlast Kubern v OHIM — How (eco-pack) (Community trade mark — Opposition proceedings — Application for Community trade mark eco-pack — Earlier national and international word marks ECOPAK — Likelihood of confusion — Similarity of the goods — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62010TA0445
62010TA0445
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Official Journal of the European Union
C 343/15
(Case T-445/10)(1)
(Community trade mark - Opposition proceedings - Application for Community trade mark eco-pack - Earlier national and international word marks ECOPAK - Likelihood of confusion - Similarity of the goods - Article 8(1)(b) of Regulation (EC) No 207/2009)
2012/C 343/25
Language of the case: German
Parties
Applicant: HerkuPlast Kubern GmbH (Ering, Germany) (represented by: G. Würtenberger and R. Kunze, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Heidi A.T. How (Harrow, United Kingdom)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 27 July 2010 (Case R 2014/2009-4) concerning opposition proceedings between HerkuPlast Kubern GmbH and Heidi A.T. How.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of Office for Harmonisation in the Internal Market of 27 July 2010 (Case R 2014/2009-4);
2.Orders OHIM to pay the costs incurred by HerkuPlast Kubern GmbH and to bear its own costs.
OJ C 317, 20.11.2010.
* * *
Language of the case: German.