Source: EURLEX
Language: en
Format: md

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| 5.2.2011 | EN | Official Journal of the European Union | C 38/15 |

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Judgment of the General Court of 15 December 2010 — Wind v OHIM-Sanyang Industry (Wind)

(Case T-451/09)[(1)](#ntr1-C_2011038EN.01001502-E0001)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Wind - Earlier national figurative mark Wind - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Lack of similarity of the goods and of the services)

2011/C 38/27

Language of the case: English

Parties

Applicant: Harry Wind (Selfkant, Germany) (represented by: J. Sroka, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Sanyang Industry Co., Ltd (Hsinchu, Taïwan)

Re:

ACTION against the decision of the Fourth Board of Appeal of OHIM of 3 September 2009 (Case R 1470/2008-4), relating to opposition proceedings between Harry Wind and Sanyang Industry Co., Ltd

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Mr Harry Wind to pay the costs. |

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