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Case T-192/09: Judgment of the General Court of 17 December 2010 — Amen Corner v OHIM — Comercio Electrónico Ojal (SEVE TROPHY) (Community trade mark — Opposition proceedings — Application for Community figurative mark SEVE TROPHY — Earlier Community figurative marks Seve Ballesteros Trophy and SEVE TROPHY — Relative grounds for refusal — Lack of similarity of the goods and of the services — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — No unfair advantage taken of or detriment caused to the distinctive character or repute of the earlier marks — Article 8(5) of Regulation No 40/94 (now Article 8(5) of Regulation No 207/2009))

ECLI:EU:UNKNOWN:62009TA0192

62009TA0192

December 17, 2010
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12.2.2011

Official Journal of the European Union

C 46/11

(Case T-192/09)(<span class="super">1</span>)

(Community trade mark - Opposition proceedings - Application for Community figurative mark SEVE TROPHY - Earlier Community figurative marks Seve Ballesteros Trophy and SEVE TROPHY - Relative grounds for refusal - Lack of similarity of the goods and of the services - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - No unfair advantage taken of or detriment caused to the distinctive character or repute of the earlier marks - Article 8(5) of Regulation No 40/94 (now Article 8(5) of Regulation No 207/2009))

2011/C 46/21

Language of the case: Spanish

Parties

Applicant: Amen Corner, SA (Madrid, Spain) (represented by: J.A. Calderón Chavero and T. Villate Consonni, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Comercio Electrónico Ojal, SL (Madrid)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 5 March 2009 (Case R 462/2008-2) relating to opposition proceedings between Amen Corner, SA and Comercio Electrónico Ojal, SL.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Amen Corner, SA to pay the costs.

(<span class="super">1</span>) OJ C 167, 18.7.2009.

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