Source: EURLEX
Language: en
Format: md

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| 6.11.2010 | EN | Official Journal of the European Union | C 301/25 |

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Judgment of the General Court of 13 September 2010 — Procter & Gamble v OHIM — Prestige Cosmetics (P&G PRESTIGE BEAUTE)

(Case T-366/07)[(1)](#ntr1-C_2010301EN.01002501-E0001)

(Community trade mark - Opposition proceedings - Application for Community word mark P&G PRESTIGE BEAUTE - Earlier national figurative marks Prestige - Partial refusal to register - Relative ground for refusal - No 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 301/39

Language of the case: English

Parties

Applicant: The Procter & Gamble Company (Cincinnati, Ohio, United States) (represented by: K. Sandberg and B. Klingberg, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Prestige Cosmetics SpA (Anzola Emilia, Italy) (represented by: A. Mugnoz, M. Andreolini and A. Parini, lawyers)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 19 July 2007 (Case R 681/2006-2) relating to opposition proceedings between Prestige Cosmetics Srl and The Procter & Gamble Company

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 19 July 2007 (Case R 681/2006-2); |

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| 2. | Orders OHIM to pay, in addition to its own costs, the costs incurred by The Procter & Gamble Company in the proceedings before the Court; |

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| 3. | Orders Prestige Cosmetics SpA to pay, in addition to its own costs, the costs incurred by The Procter & Gamble Company in the proceedings before the Board of Appeal; |

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| 4. | Dismisses the action as to the remainder. |

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