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Case C-341/12 P: Order of the Court (Tenth Chamber) of 21 March 2013 — Mizuno KK v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Figurative mark including the letter ‘G’ and the two symbols of gender — Opposition by the proprietor of the figurative mark including the letter ‘G’ and the symbol ‘+’ — Refusal of registration by the Board of Appeal)

ECLI:EU:UNKNOWN:62012CB0341

62012CB0341

March 21, 2013
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Official Journal of the European Union

C 225/46

(Case C-341/12 P) (<span class="super">1</span>)

(Appeal - Article 181 of the Rules of Procedure of the Court of Justice - Community trade mark - Figurative mark including the letter ‘G’ and the two symbols of gender - Opposition by the proprietor of the figurative mark including the letter ‘G’ and the symbol ‘+’ - Refusal of registration by the Board of Appeal)

2013/C 225/79

Language of the case: German

Parties

Appellant: Mizuno KK (represented by: T. Raab and H. Lauf, Rechtsanwälte)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)

Re:

Appeal brought against the judgment delivered by the General Court (Fourth Chamber) on 8 May 2012 in Case T-101/11 Mizuno v OHIM — GOLFINO (G), whereby the General Court dismissed the action brought against the decision of the First Board of Appeal of OHIM of 15 December 2010 (Case R 821/2010-1) relating to opposition proceedings between Mizuno KK and Golfino AG — Figurative sign comprising the letter ‘G’ and the two symbols of gender — Likelihood of confusion with a figurative mark comprising the letter ‘G’ and the symbol ‘+’ — Breach of Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)

Operative part of the order

1.The appeal is dismissed.

2.Mizuno KK shall pay the costs.

(<span class="super">1</span>) OJ C 287, 22.9.2012.

Language of the case: German.

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