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Case T-109/11: Judgment of the General Court of 23 April 2013 — Apollo Tyres v OHIM — Endurance Technologies (ENDURANCE) (Community trade mark — Opposition proceedings — Application for the Community word mark ENDURACE — Earlier Community figurative mark ENDURANCE — Relative grounds for refusal — Similarity of the goods and services — Similarity of the signs — Partial refusal of registration — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion)
ECLI:EU:UNKNOWN:62011TA0109
62011TA0109
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Official Journal of the European Union
C 156/40
(Case T-109/11)(1)
(Community trade mark - Opposition proceedings - Application for the Community word mark ENDURACE - Earlier Community figurative mark ENDURANCE - Relative grounds for refusal - Similarity of the goods and services - Similarity of the signs - Partial refusal of registration - Article 8(1)(b) of Regulation (EC) No 207/2009 - Likelihood of confusion)
2013/C 156/72
Language of the case: English
Parties
Applicant: Apollo Tyres AG (Baden, Switzerland) (represented by: S. Szilvasi, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Endurance Technologies Pvt Ltd (Aurangabad, India)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 25 November 2010 (Case R 625/2010-1), concerning opposition proceedings between Endurance Technologies Pvt Ltd and Apollo Tyres AG
Operative part of the judgment
The Court:
1.Dismisses the action.
2.Orders Apollo Tyres AG to pay the costs.
OJ C 130, 30.4.2011.