CELEX: 62010TJ0304
Community trade mark
Opposition proceedings
Application for registration of the Community figurative mark caldea
Earlier international word mark BALEA
Relative ground for refusal
No likelihood of confusion
No similarity of the signs
Article 8(1)(b) of Regulation (EC) No 207/2009

ACTION brought against the decision of the First Board of Appeal of OHIM of 29 April 2010 (Case R 899/2009-1), relating to
opposition proceedings between dm‑drogerie markt GmbH & Co. KG and Semtee.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders dm-drogerie markt GmbH & Co. KG to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM), in addition to bearing its own costs;
3.
Orders each party to bear its own costs relating to the intervention of Semtee.