Source: EURLEX
Language: en
Format: md

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| 19.12.2009 | EN | Official Journal of the European Union | C 312/27 |

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Judgment of the Court of First Instance of 29 October 2009 — Peek & Cloppenburg v OHIM — Redfil (Agile)

(Case T-386/07)[(1)](#ntr1-C_2009312EN.01002702-E0001)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark Agile - Earlier Community and national word marks Aygill’s - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2009/C 312/44

Language of the case: English

Parties

Applicant: Peek & Cloppenburg (Hamburg, Germany) (represented by: T. Dolde, A. Renck and V. von Bomhard, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by S. Laitinen, and subsequently by R. Pethke, Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Redfil, SL (Barcelona, Spain) (represented by: C. Hernández Hernández, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 26 July 2007 (Case R 1324/2006-2), relating to opposition proceedings between Peek & Cloppenburg and Redfil, SL.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 July 2007 (Case R 1324/2006 2). |

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| 2. | Orders OHIM to pay the costs incurred by Peek & Cloppenburg. |

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| 3. | Orders Redfil, SL to bear its own costs. |

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