Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Sixth Chamber) of 6 October 2011 – medi v OHIM – Deutsche Medien Center (deutschemedi.de)**

**(Case T-247/10)**

Community trade mark – Opposition proceedings – Application for the Community word mark deutschemedi.de – Earlier Community word mark World of medi, earlier national figurative and word marks medi.eu, medi welt, medi-Verband and
medi, and earlier trading name and company name medi – Relative ground for refusal – Likelihood of confusion – Article 8(1) of Regulation (EC) No 207/2009

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
– Likelihood of confusion with the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 22, 38, 44, 49, 53)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 16 March 2010 (Case R 1336/2008-4) relating to opposition proceedings between Weihermüller & Voigtmann GmbH & Co. KG and Deutsche Medi Präventions GmbH. |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 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 16 March 2010 (Case R 1336/2008-4); |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders OHIM to bear, in addition to its own costs, the costs of Medi GmbH & Co. KG; |

|  |  |  |
| --- | --- | --- |
| 3. |  | Orders Deutsche Medien Center GmbH to bear its own costs. |

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