Source: EURLEX
Language: en
Format: md

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| 13.4.2013 | EN | Official Journal of the European Union | C 108/21 |

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Judgment of the General Court of 21 February 2013 — Esge v OHIM — De’Longhi Benelux (KMIX)

(Case T-444/10)[(1)](#ntr1-C_2013108EN.01002103-E0001)

(Community trade mark - Opposition proceedings - Application for Community word mark KMIX - Earlier Community word mark BAMIX - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 108/57

Language of the case: English

Parties

Applicant: Esge AG (Bussnang, Switzerland) (represented by: J. Klink, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: De’Longhi Benelux SA, formerly Kenwood Appliances Luxembourg SA (Luxembourg, Luxembourg) (represented by: P. Strickland, Solicitor, and L. St. Ville, Barrister)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 14 July 2010 (Case R 1249/2009-2), concerning opposition proceedings between Esge AG and Kenwood Appliances Luxembourg SA.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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

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