Source: EURLEX
Language: en
Format: md

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| 28.7.2012 | EN | Official Journal of the European Union | C 227/17 |

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Judgment of the General Court of 21 June 2012 — Kavaklidere-Europe v OHIM — Yakult Honsha (Yakut)

(Case T-276/09)[(1)](#ntr1-C_2012227EN.01001702-E0001)

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

2012/C 227/24

Language of the case: English

Parties

Applicant: Kavaklidere-Europe (Schoten, Belgium) (represented: initially by J. Vercraeye and I. Tytgat, and subsequently by J. Vercraeye and B. De Vuyst, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Yakult Honsha Kabushiki Kaisha (Tokyo, Japan) (represented by M. Edenborough QC, P. Harris, Solicitor, and T. Elias, Barrister)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 May 2009 (Case R 1396/2008-4) concerning opposition proceedings between Yakult Honsha Kabushiki Kaisha and Kavaklidere-Europe

Operative part of the judgment

The General Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Kavaklidere-Europe to pay the costs. |

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