Source: EURLEX
Language: en
Format: md

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| 4.8.2012 | EN | Official Journal of the European Union | C 235/13 |

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Judgment of the General Court of 27 June 2012 — Hearst Communications, Inc., v OHIM — Vida Estética (COSMOBELLEZA)

(Case T-344/09)[(1)](#ntr1-C_2012235EN.01001301-E0001)

(Community trade mark - Opposition proceedings - Application for Community word mark COSMOBELLEZA - Earlier national and international word and figurative marks COSMO, COSMOPOLITAN, COSMOTEST, COSMOPOLITAN TELEVISION and THE COSMOPOLITAN SHOW - Non registered marks and trade names COSMO and COSMOPOLITAN - Relative grounds for refusal - No likelihood of confusion - No similarity between the marks - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 235/31

Language of the case: English

Parties

Applicant: Hearst Communications, Inc., (New York, United States) (represented by: A. Nordemann, C. Czychowski and A. Nordemann-Schiffel, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by C. Bartos, and subsequently by V. Melgar, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Vida Estética, SL (Barcelona, Spain) (represented by: A.I. Alejos Cutuli, lawyer)

Re:

Action against the decision of the Second Board of Appeal of OHIM of 4 June 2009 (Case R 770/2007-2) relating to opposition proceedings between Hearst Communications, Inc. and Vida Estética, SL

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Hearst Communications, Inc. to pay the costs. |

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