Source: EURLEX
Language: en
Format: md

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| 15.8.2009 | EN | Official Journal of the European Union | C 193/20 |

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Judgment of the Court of First Instance of 1 July 2009 — Perfetti Van Melle v OHIM — Cloetta Fazer (CENTER SHOCK)

(Case T-16/08)[(1)](#ntr1-C_2009193EN.01002003-E0001)

(Community trade mark - Invalidity proceedings - Community word mark CENTER SHOCK - Earlier national word marks CENTER - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009))

2009/C 193/31

Language of the case: English

Parties

Applicant: Perfetti Van Melle SpA (Lainate, Italy) (represented by: P. Perani and P. Pozzi, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Cloetta Fazer AB (Ljungsbro, Sweden) (represented by: J. Runsten and S. Sparring initially, and subsequently by M. Treis, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 November 2007 (Case R 149/2006-4), relating to invalidity proceedings between Cloetta Fazer AB and Perfetti Van Melle SpA.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Perfetti Van Melle SpA to pay the costs. |

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