Source: EURLEX
Language: en
Format: md

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| 3.8.2013 | EN | Official Journal of the European Union | C 225/71 |

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Judgment of the General Court of 25 June 2013 — Aldi v OHIM — Dialcos (dialdi)

(Case T-505/11)[(1)](#ntr1-C_2013225EN.01007102-E0001)

(Community trade mark - Opposition proceedings - Application for Community figurative trade mark dialdi - Earlier Community word mark ALDI - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 225/157

Language of the case: English

Parties

Applicant: Aldi GmbH & Co. KG (Mülheim an der Ruhr, Germany) (represented by: N. Lützenrath, U. Rademacher, L. Kolks and C. Fürsen, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Dialcos SpA (Due Carrare, Italy) (represented by: B. Saguatti, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 5 July 2011 (Case R 1097/2010-2), concerning opposition proceedings between Aldi GmbH & Co. KG and Dialcos SpA.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 5 July 2011 (Case R 1097/2010-2). |

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| 2. | Orders OHIM to pay its own costs and also those incurred by Aldi GmbH & Co. KG. |

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| 3. | Orders Dialcos SpA to pay its own costs. |

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