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Case T-581/11: Judgment of the General Court of 23 October 2013 — Dimian v OHIM — Bayer Design Fritz Bayer (Baby Bambolina) (Community trade mark — Invalidity proceedings — Figurative Community trade mark Baby Bambolina — Earlier unregistered national trade mark Bambolina — Relative ground for refusal — No use in trade of a sign of more than mere local significance — Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62011TA0581
62011TA0581
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Official Journal of the European Union
C 359/9
(Case T-581/11)(1)
(Community trade mark - Invalidity proceedings - Figurative Community trade mark Baby Bambolina - Earlier unregistered national trade mark Bambolina - Relative ground for refusal - No use in trade of a sign of more than mere local significance - Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009)
2013/C 359/14
Language of the case: English
Parties
Applicant: Dimian AG (Nuremberg, Germany) (represented by: P. Pozzi and G. Ghisletti, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Bayer Design Fritz Bayer GmbH & Co. KG (Michelau, Germany) (represented by: J. Pröll, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 3 August 2011 (Case R 1822/2010-2), relating to invalidity proceedings between Dimian AG and Bayer Design Fritz Bayer GmbH & Co. KG
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Dimian AG to pay the costs.
OJ C 25, 28.1.2013.