Source: EURLEX
Language: en
Format: md

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| 7.7.2012 | EN | Official Journal of the European Union | C 200/15 |

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Judgment of the General Court of 22 May 2012 — Asa v OHIM — Merck (FEMIFERAL)

(Case T-110/11)[(1)](#ntr1-C_2012200EN.01001502-E0001)

(Community trade mark - Opposition proceedings - Application for Community word mark FEMIFERAL - Earlier national word mark Feminatal and earlier national figurative mark feminatal - Relative ground for refusal - Similarity of the signs - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 200/30

Language of the case: Polish

Parties

Applicant: Asa sp. z o.o. (Głubczyce, Poland) (represented by: M. Chimiak, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Merck sp. z o.o. (Warsaw, Poland)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 19 November 2010 (Case R 182/2010-1) relating to opposition proceedings between Merck sp. z o.o. and Asa sp. z o.o.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Asa sp. z o.o. to pay the costs. |

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