Judgment — ECLI:EU:T:2012:632
Date: 2012-11-28
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court of 28 November 2012 - Bauer v OHIM - BenQ Materials (Daxon) (Case T-29/12)  (Community trade mark - Opposition proceedings - Application for Community word mark Daxon - Earlier Community word mark DALTON - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009) Language of the case: German Parties Applicant: Erika Bauer (Schaufling, Germany) (represented by: A. Merz, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel, Agent) Other party to the proceedings before the Board of Appeal of OHIM: BenQ Materials Corp. (Gueishan Taoyuan, Taiwan) Re: Action brought against the decision of the Second Board of Appeal of OHIM of 9 November 2011 (Case R 2191/2010-2) relating to opposition proceedings between Mrs Erika Bauer and BenQ Materials Corp. Operative part of the judgment The Court: 1. Alva Management GmbH is granted leave to be substituted for Mrs Erika Bauer as applicant; 2. The action is dismissed. 3. Alva Management is ordered to pay the costs. ____________ 1 - OJ C 80, 17.3.2012.