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Case T-505/11: Judgment of the General Court of 25 June 2013 — Aldi v OHIM — Dialcos (dialdi) (Community trade mark — Opposition proceedings — Application for Community figurative trade mark dialdi — Earlier Community word mark ALDI — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62011TA0505
62011TA0505
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Official Journal of the European Union
C 225/71
(Case T-505/11)(1)
(Community trade mark - Opposition proceedings - Application for Community figurative trade mark dialdi - Earlier Community word mark ALDI - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 225/157
Language of the case: English
Parties
Applicant: Aldi GmbH & Co. KG (Mülheim an der Ruhr, Germany) (represented by: N. Lützenrath, U. Rademacher, L. Kolks and C. Fürsen, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Dialcos SpA (Due Carrare, Italy) (represented by: B. Saguatti, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 5 July 2011 (Case R 1097/2010-2), concerning opposition proceedings between Aldi GmbH & Co. KG and Dialcos SpA.
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 5 July 2011 (Case R 1097/2010-2).
2.Orders OHIM to pay its own costs and also those incurred by Aldi GmbH & Co. KG.
3.Orders Dialcos SpA to pay its own costs.
OJ C 355, 3.12.2011.