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Order of the Court (Fifth Chamber) of 27 October 2010. # REWE-Zentral AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Opposition proceedings - Application for the Community word mark Clina - Earlier Community word mark CLINAIR - Refusal of registration - Relative ground for refusal - Examination of the likelihood of confusion - Regulation (EC) No 40/94 - Article 8(1)(b). # Case C-22/10 P.
ECLI:EU:C:2010:640
62010CO0022
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(Case C-22/10 P)
Appeal – Community trade mark – Opposition proceedings – Application for the Community word mark Clina – Earlier Community word mark CLINAIR – Refusal of registration – Relative ground for refusal – Examination of the likelihood of confusion – Regulation (EC) No 40/94 – Article 8(1)(b)
Re:
Appeal against the judgment of the Court of First Instance (Sixth Chamber) of 11 November 2009 in Case T-150/08 REWE-Zentral v OHIM, by which that court dismissed the action for annulment brought against the decision of the Fourth Board of Appeal of OHIM of 15 February 2008 refusing the registration of the word sign ‘Clina’ as a Community trade mark for certain goods in Classes 3 and 21 by upholding the opposition brought by the proprietor of the earlier Community word mark ‘CLINAIR’ – Likelihood of confusion of two marks – Failure to carry out a global assessment of the relevant factors in examining the likelihood of confusion – Infringement of Article 8(1)(b) of Regulation (EC) No 40/94.
Operative part
1.The appeal is dismissed.
2.REWE-Zentral AG is ordered to pay the costs.