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Case T-547/10: Judgment of the General Court of 29 March 2012 — Omya v OHIM — Alpha Calcit (CALCIMATT) (Community trade mark — Opposition proceedings — Application for Community word mark CALCIMATT — Prior Community word mark CALCILAN — Relative grounds for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Refusal of registration)
ECLI:EU:UNKNOWN:62010TA0547
62010TA0547
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Official Journal of the European Union
C 138/17
(Case T-547/10) (*)
(Community trade mark - Opposition proceedings - Application for Community word mark CALCIMATT - Prior Community word mark CALCILAN - Relative grounds for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 - Refusal of registration)
(2012/C 138/31)
Language of the case: German
Parties
Applicant: Omya AG (Oftringen, Switzerland) (represented by: F. Kuschmirek and V. Dalichau, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: D. Botis; subsequently by: R. Manea; and finally by: G. Schneider, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Alpha Calcit Füllstoffgesellschaft mbH (Cologne, Germany) (represented by: F. Hauck, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 16 September 2010 (Case R 1370/2009-1) concerning opposition proceedings between Alpha Calcit Füllstoffgesellschaft mbH and Omya AG.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Omya AG to pay the costs.
(*)
Language of the case: German.
ECLI:EU:C:2012:140