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Judgment of the General Court (Eighth Chamber) of 13 June 2012. # Organismos Kypriakis Galaktokomikis Viomichanias v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark GAZI Hellim - Prior collective Community word mark HALLOUMI - Relative ground for refusal - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-535/10.
ECLI:EU:T:2012:293
62010TJ0535
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Community trade mark — Opposition proceedings — Application for Community figurative mark GAZI Hellim — Prior collective Community word mark HALLOUMI — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009
Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 24, 36-40)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 20 September 2010 (Case R 1497/2009-4) concerning opposition proceedings between Organismos Kypriakis Galaktokomikis Viomichanias and Garmo AG.
Operative part
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 20 September 2010 (Case R 1497/2009-4);
2.Orders OHIM to pay the costs, including those incurred in the proceedings before the Board of Appeal.