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Case T-295/11: Judgment of the General Court of 12 September 2012 — Duscholux Ibérica v OHIM — Duschprodukter i Skandinavien (duschy) (Community trade mark — Opposition proceedings — International registration designating the European Community — Application for the Community figurative mark duschy — Earlier Community figurative mark DUSCHO Harmony — Relative ground for refusal — Absence of likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obligation to state the reasons on which the decision is based — Articles 75 and 76 of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62011TA0295
62011TA0295
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Official Journal of the European Union
C 319/8
(Case T-295/11)(1)
(Community trade mark - Opposition proceedings - International registration designating the European Community - Application for the Community figurative mark duschy - Earlier Community figurative mark DUSCHO Harmony - Relative ground for refusal - Absence of likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Obligation to state the reasons on which the decision is based - Articles 75 and 76 of Regulation No 207/2009)
2012/C 319/14
Language of the case: English
Parties
Applicant: Duscholux Ibérica, SA (Barcelona, Spain) (represented by: J. Carbonnel Callicó, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Duschprodukter i Skandinavien AB (Hisings Backa, Sweden) (represented initially by M. Jonson, and subsequently by A. Kyhlhammar, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 21 March 2011 (Case R 662/2010-1), relating to opposition proceedings between Duscholux Ibérica, SA and Duschprodukter i Skandinavien AB
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Duscholux Ibérica, SA to pay the costs, including those incurred by Duschprodukter i Skandinavien AB in the course of the proceedings before the Board of Appeal.
OJ C 238, 13.8.2011.