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Case T-374/09: Judgment of the General Court of 28 November 2013 — Lorenz Shoe Group v OHIM — Fuzhou Fuan Leather Plastics Clothing Making (Ganeder) (Community trade mark — Opposition procedure — Application for Community word mark Ganeder — Earlier community word mark Ganter — Relative ground for refusal — Similarity of the signs — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62009TA0374
62009TA0374
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18.1.2014
Official Journal of the European Union
C 15/14
(Case T-374/09) (<span class="super">1</span>)
(Community trade mark - Opposition procedure - Application for Community word mark Ganeder - Earlier community word mark Ganter - Relative ground for refusal - Similarity of the signs - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2014/C 15/18
Language of the case: German
Parties
Applicant: Lorenz Shoe Group AG (Taufkirchen an der Pram, Austria) (represented initially by M. Douglas, subsequently by N. Hebeis, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke and A. Schifko, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Fuzhou Fuan Leather Plastics Clothing Making Co. Ltd (Cangshan Fuzhou, China) (represented by: A. Paschke, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 16 July 2009 (Case R 1289/2008-1), relating to an opposition procedure between shoe fashion group Lorenz AG and Fuzhou Fuan Leather Plastics Clothing Making Co. Ltd.
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 July 2009 (Case R 1289/2008-1);
2.Orders OHIM to bear its own costs and pay those incurred by Lorenz Shoe Group AG;
3.Orders Fuzhou Fuan Leather Plastics Clothing Making Co. Ltd to bear its own costs.
(<span class="super">1</span>) OJ C 282, 21.11.2009.