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Case T-66/11: Judgment of the General Court of 31 January 2013 — Present-Service Ullrich v OHIM — Punt-Nou (babilu) (Community trade mark — Opposition proceedings — Application for Community word mark babilu — Earlier Community word mark BABIDU — Relative ground for refusal — Likelihood of confusion — Similarity of the services — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)

ECLI:EU:UNKNOWN:62011TA0066

62011TA0066

January 31, 2013
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16.3.2013

Official Journal of the European Union

C 79/13

(Case T-66/11) (<span class="super">1</span>)

(Community trade mark - Opposition proceedings - Application for Community word mark babilu - Earlier Community word mark BABIDU - Relative ground for refusal - Likelihood of confusion - Similarity of the services - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 79/22

Language of the case: English

Parties

Applicant: Present-Service Ullrich GmbH & Co. KG (Erlangen, Germany) (represented by: A. Graf von Kalckreuth and I. Stein, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Punt-Nou, SL (Valencia, Spain) (represented by: I. Sempere Massa, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 19 November 2010 (Case R 773/2010-2), concerning opposition proceedings between Punt-Nou, SL and Present Service Ullrich GmbH & Co. KG.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Present-Service Ullrich GmbH & Co. KG to pay the costs.

(<span class="super">1</span>) OJ C 89, 19.3.2011.

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