Source: EURLEX
Language: en
Format: md

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| 17.3.2012 | EN | Official Journal of the European Union | C 80/17 |

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Judgment of the General Court of 7 February 2012 — Dosenbach-Ochsner v OHIM — Sisma (Representation of elephants in a rectangle)

(Case T-424/10)[(1)](#ntr1-C_2012080EN.01001703-E0001)

(Community trade mark - Invalidity proceedings - Community figurative mark representing elephants in a rectangle - Earlier international and national figurative marks representing an elephant and earlier national word mark elefanten - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 - Distinctive character of the earlier marks)

2012/C 80/28

Language of the case: Italian

Parties

Applicant: Dosenbach-Ochsner AG Schuhe und Sport (Dietikon, Switzerland) (represented by: O. Rauscher, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Sisma SpA (Mantova, Italy) (represented by: F. Caricato, lawyer)

Re:

Action against the decision of the Fourth Board of Appeal of OHIM of 15 July 2010 (Case R 1638/2008-4) concerning invalidity proceedings between Dosenbach-Ochsner AG Schuhe und Sport and Sisma SpA.

Operative part of the judgment

The General 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 15 July 2010 (Case R 1638/2008-4); |

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| 2. | Orders OHIM to bear its own costs and to pay the costs of Dosenbach-Ochsner AG Schuhe und Sport; |

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| 3. | Orders Sisma SpA to bear its own costs. |

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