Source: EURLEX
Language: en
Format: md

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| 22.5.2010 | EN | Official Journal of the European Union | C 134/31 |

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Judgment of the General Court of 24 March 2010 — 2nine v OHIM — Pacific Sunwear of California (nollie)

(Case T-363/08)[(1)](#ntr1-C_2010134EN.01003102-E0001)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark nollie - Earlier national and international word marks NOLI - Relative ground for refusal - No similarity between the goods - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009))

2010/C 134/52

Language of the case: English

Parties

Applicant: 2nine Ltd (London, United Kingdom) (represented by: S. Palmer, Solicitor)

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

Other party to the proceedings before the Board of Appeal of OHIM: Pacific Sunwear of California, Inc. (Anaheim, California, United States)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 16 June 2008 (Case R 1590/2007-2), relating to opposition proceedings between 2nine Ltd and Pacific Sunwear of California, Inc.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders 2nine Ltd to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). |

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