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Judgment of the General Court (Fourth Chamber) of 15 May 2012. # Rita Ewald v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community word mark Keen - Community figurative mark KIN - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-280/11.
ECLI:EU:T:2012:237
62011TJ0280
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(Case T‑280/11)
Community trade mark — Opposition proceedings — Application for the Community word mark Keen — Community figurative mark KIN — Relative ground for refusal — Likelihood of confusion — 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 17, 37)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 3 March 2011 (Case R 1383/2010‑1), relating to opposition proceedings between Kin Cosmetics, SA and Ms Rita Ewald.
Operative part
The Court:
1.Dismisses the action;
2.Orders Ms Rita Ewald to pay the costs.