Source: EURLEX
Language: en
Format: md

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| 28.4.2012 | EN | Official Journal of the European Union | C 126/14 |

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Judgment of the General Court of 9 March 2012 — Colas v OHIM — García-Teresa Gárate and Bouffard Vicente (BASE-SEAL)

(Case T-172/10)[(1)](#ntr1-C_2012126EN.01001402-E0001)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark BASE-SEAL - Earlier national figurative marks representing a diamond shape - Earlier national and international figurative marks COLAS - Relative ground for refusal - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 126/28

Language of the case: French

Parties

Applicant: Colas (Boulogne-Billancourt, France) (represented by: E. Logeais, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other parties to the proceedings before the Board of Appeal of OHIM: Rosario García-Teresa Gárate and Carmen Bouffard Vicente (Barcelona, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 4 February 2010 (Case R 450/2009-4), relating to opposition proceedings between, on the one hand, Colas and, on the other hand, Ms Rosario García-Teresa Gárate and Ms Carmen Bouffard Vicente

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 February 2010 (Case R 450/2009-4) in respect of goods other than the chemicals used in science, photography, agriculture, horticulture and forestry; manures; and chemical substances for preserving foodstuffs referred to in that decision; |

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| 2. | Orders OHIM to pay the costs. |

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