Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 23.10.2010 | EN | Official Journal of the European Union | C 288/34 |

---

Judgment of the General Court of 8 September 2010 — Kido v OHIM — Amberes (SCORPIONEXO)

(Case T-152/08) [(1)](#ntr1-C_2010288EN.01003401-E0001)

(Community trade mark - Opposition proceedings - Application for Community word mark SCORPIONEXO - Earlier national figurative mark ESCORPION - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

(2010/C 288/64)

Language of the case: Spanish

Parties

Applicant: Kido Industrial Ltd (Yangcheon-gu, Republic of Korea) (represented by: M. Mall, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Amberes, SA (Igualada, Spain)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 31 January 2008 (Case R287/2007-1), relating to opposition proceedings between Amberes, SA and Kido Industrial Ltd.

Operative part of the judgment

The Court:

|  |  |
| --- | --- |
| 1. | dismisses the action; |

|  |  |
| --- | --- |
| 2. | orders Kido Industrial Ltd to pay the costs. |

---

---

[Top](#document1)