Source: EURLEX
Language: en
Format: md

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| 14.3.2016 | EN | Official Journal of the European Union | C 98/42 |

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Judgment of the General Court of 28 January 2016 — Novomatic v OHIM — Simba Toys (African SIMBA)

(Case T-687/14)[(1)](#ntr1-C_2016098EN.01004201-E0001)

((Community trade mark - Opposition proceedings - Application for Community figurative mark African SIMBA - Prior national figurative mark Simba - Duty to state reasons - Article 75 of Regulation (EC) No 207/2009 - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009))

(2016/C 098/54)

Language of the case: German

Parties

Applicant: Novomatic AG (Gumpoldskirchen, Austria) (represented by: W. Mosing, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Schifko, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Simba Toys GmbH & Co. KG (Fürth, Germany) (represented by: O. Ruhl, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 July 2014 (Case R 2098/2013-4) concerning opposition proceedings between Simba Toys GmbH & Co. KG and Novomatic AG.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Novomatic AG to pay the costs. |

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