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Case T-449/08: Judgment of the General Court of 18 October 2011 — SLV Elektronik v OHIM — Jiménez Muñoz (LINE) (Community trade mark — Opposition proceedings — Application for the Community figurative mark LINE — Earlier national word and figurative marks Line — Partial refusal to register — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

ECLI:EU:UNKNOWN:62008TA0449

62008TA0449

October 18, 2011
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26.11.2011

Official Journal of the European Union

C 347/27

(Case T-449/08) (<span class="super">1</span>)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark LINE - Earlier national word and figurative marks Line - Partial refusal to register - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2011/C 347/41

Language of the case: German

Parties

Applicant: SLV Elektronik GmbH (Übach-Palenberg, Germany) (represented by: C. König, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Angel Jiménez Muñoz (Gelida, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 18 July 2008 (case R 759/2007-4), relating to opposition proceedings between Angel Jiménez Muñoz and SLV Elektronik GmbH

Operative part of the judgment

The Court:

1.annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 July 2008 (case R 759/2007-4) in so far as concerns the goods ‘mains-operated lights, lighting apparatus and installations, stage effects lighting apparatus; electric lamps; individual parts for the aforesaid goods’ in Class 11;

2.orders OHIM to pay the costs.

(<span class="super">1</span>) OJ C 327, 20.12.2008.

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