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Case T-372/11: Judgment of the General Court of 26 June 2014 — Basic v OHIM — Repsol YPF (basic) (Community trade mark — Opposition proceedings — Application for the Community figurative mark basic — Earlier Community figurative mark BASIC — Relative ground for refusal — Similarity of the services — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62011TA0372
62011TA0372
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Official Journal of the European Union
C 261/22
(Case T-372/11)(1)
((Community trade mark - Opposition proceedings - Application for the Community figurative mark basic - Earlier Community figurative mark BASIC - Relative ground for refusal - Similarity of the services - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))
2014/C 261/44
Language of the case: English
Parties
Applicant: Basic AG Lebensmittelhandel (Munich, Germany) (represented by: D. Altenburg and H. Bickel, 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, intervener before the General Court: Repsol YPF, SA (Madrid, Spain) (represented by: J.-B. Devaureix, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 31 March 2011 (Case R 1440/2010-1), concerning opposition proceedings between Repsol YPF SA and Basic AG Lebensmittelhandel.
Operative part of the judgment
The Court:
1)Dismisses the action;
2)Orders Basic AG Lebensmittelhandel to pay the costs.
OJ C 269, 10.9.2011.
Language of the case: English