Source: EURLEX
Language: en
Format: md

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| 11.8.2012 | EN | Official Journal of the European Union | C 243/16 |

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Judgment of the General Court of 5 July 2012 — Comercial Losan v OHIM — McDonald’s International Property (Mc. Baby)

(Case T-466/09)[(1)](#ntr1-C_2012243EN.01001602-E0001)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark Mc. Baby - Earlier Community figurative mark Mc Kids. always quality. always fun! - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 243/30

Language of the case: Spanish

Parties

Applicant: Comercial Losan, SLU (Zaragoza, Spain) (represented by: A. Vela Ballesteros, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: McDonald’s International Property Co. Ltd (Wilmington, Delaware, United States)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 1 September 2009 (Case R 1706/2008-1) concerning opposition proceedings between McDonald’s International Property Co. Ltd and Comercial Losan, SLU.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Comercial Losan, SLU to pay the costs. |

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