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Case C-346/12 P: Order of the Court (Seventh Chamber) of 13 June 2013 — DMK Deutsches Milchkontor GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Lactimilk SA (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Community word mark MILRAM — Opposition by the proprietor of the earlier national word and figurative marks RAM)
ECLI:EU:UNKNOWN:62012CB0346
62012CB0346
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Official Journal of the European Union
C 225/46
(Case C-346/12 P)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Community word mark MILRAM - Opposition by the proprietor of the earlier national word and figurative marks RAM)
2013/C 225/80
Language of the case: German
Parties
Applicant: DMK Deutsches Milchkontor GmbH (represented by: W. Berlit, Rechtsanwalt)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Pohlmann, acting as Agent), Lactimilk SA (represented by: P. Casamitjana Lleonart, abogado)
Re:
Appeal against the judgment of the General Court (Fourth Chamber) of 22 May 2012 in Case T-546/10 Nordmilch v OHIM — LACTIMILK (MILRAM) by which the General Court dismissed an action against the decision of the Fourth Board of Appeal of OHIM of 15 September 2010 (joined cases R 1041/2009-4 and R 1053/2009-4) concerning opposition proceedings between Lactimilk SA and Nordmilch AG — Likelihood of confusion — Incorrect assessment of the similarity of the marks at issue — Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)
Operative part of the order
1.The appeal is dismissed.
2.DMK Deutsches Milchkontor GmbH shall pay the costs.
(1) OJ C 287, 22.9.2012.