Source: EURLEX
Language: en
Format: md

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| 7.12.2013 | EN | Official Journal of the European Union | C 359/9 |

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Judgment of the General Court of 23 October 2013 — Dimian v OHIM — Bayer Design Fritz Bayer (Baby Bambolina)

(Case T-581/11)[(1)](#ntr1-C_2013359EN.01000901-E0001)

(Community trade mark - Invalidity proceedings - Figurative Community trade mark Baby Bambolina - Earlier unregistered national trade mark Bambolina - Relative ground for refusal - No use in trade of a sign of more than mere local significance - Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009)

2013/C 359/14

Language of the case: English

Parties

Applicant: Dimian AG (Nuremberg, Germany) (represented by: P. Pozzi and G. Ghisletti, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Bayer Design Fritz Bayer GmbH & Co. KG (Michelau, Germany) (represented by: J. Pröll, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 August 2011 (Case R 1822/2010-2), relating to invalidity proceedings between Dimian AG and Bayer Design Fritz Bayer GmbH & Co. KG

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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

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