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Case T-802/14: Judgment of the General Court of 21 January 2016 — Laboratorios Ern v OHIM — michelle menard (Lenah. C) (Community trade mark — Opposition proceedings — Application for Community word mark Lenah.C — Earlier national word mark LEMA — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

ECLI:EU:UNKNOWN:62014TA0802

62014TA0802

January 21, 2016
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Official Journal of the European Union

C 90/16

(Case T-802/14)(1)

((Community trade mark - Opposition proceedings - Application for Community word mark Lenah.C - Earlier national word mark LEMA - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 090/22)

Language of the case: English

Parties

Applicant: Laboratorios Ern, SA (Barcelona, Spain) (represented by: S. Correa Rodriguez, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Bonne, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: michelle menard GmbH — Berlin cosmetics (Berlin, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 September 2014 (Case R 2260/2013-4) concerning opposition proceedings between Laboratorios Ern, S A and michelle menard GmbH — Berlin cosmetics.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Laboratorios Ern, S A to pay the costs.

OJ C 46, 9.2.2015.

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