Judgment — ECLI:EU:T:2012:178
Date: 2012-03-29
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Sixth Chamber) of 29 March 2012 — Omya v OHIM – Alpha Calcit (CALCIMATT) (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 Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 26, 36) 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 The Court: 1. Dismisses the action; 2. Orders Omya AG to pay the costs.