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Judgment of the Court (Fifth Chamber) of 28 June 2012. # XXXLutz Marken GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeals - Community trade mark - Regulation (EC) No 40/94 - Figurative mark Linea Natura Natur hat immer Stil - Opposition by the proprietor of the Community figurative mark natura selection - Relative grounds for refusal - Likelihood of confusion. # Case C-306/11 P.
ECLI:EU:C:2012:401
62011CJ0306
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(Case C-306/11 P)
Appeal — Community trade mark — Regulation (EC) No 40/94 — Figurative mark Linea Natura Natur hat immer Stil — Opposition by the proprietor of the Community figurative mark natura selection — Relative grounds for refusal — Likelihood of confusion
Re:
Appeal against the judgment of the General Court (Sixth Chamber) of 24 March 2011 in Case T-54/09 XXXLutz Marken v OHIM — Natura Selection (Linea Natura Natur hat immer Stil) dismissing the action brought against the decision of the Second Board of Appeal of OHIM of 28 November 2008 (Case R 1787/2007-2) relating to opposition proceedings between Natura Selection, SL and XXXLutz Marken GmbH — Likelihood of confusion between the figurative signs ‘natura selection’ and ‘Linea Natura Natur hat immer Stil’ — Erroneous assessment of the similarity of those signs — Infringement of Article 8(1)(b) of Regulation (EC) No 40/94.
Operative part
The Court:
1.Dismisses the appeal;
2.Orders XXXLutz Marken GmbH to pay the costs.