Source: EURLEX
Language: en
Format: md

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| 21.5.2011 | EN | Official Journal of the European Union | C 152/8 |

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Judgment of the Court (Fifth Chamber) of 24 March 2011 — Ferrero SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Tirol Milch reg.Gen.mbH Innsbruck

(Case C-552/09 P)[(1)](#ntr1-C_2011152EN.01000801-E0001)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Community figurative mark TiMi KiNDERJOGHURT - Earlier word mark KINDER - Invalidity proceedings - Article 52(1)(a) - Article 8(1)(b) and (5) - Assessment of the similarity of the signs - Family of marks)

2011/C 152/13

Language of the case: English

Parties

Appellant: Ferrero SpA (represented by: C. Gielen, advocaat)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent), Tirol Milch reg.Gen.mbH Innsbruck

Re:

Appeal against the judgment of the Court of First Instance (Second Chamber) of 14 October 2009 in Case T-140/08 Ferrero SpA v OHIM — Tirol Milch, by which that court dismissed the action for annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 30 January 2008 in Case R 682/2007-2 annulling the decision of the Cancellation Division declaring the word mark ‘TiMi KiNDERJOGHURT’ invalid for goods in Class 29 in invalidity proceedings brought by the appellant

Operative part of the judgment

The Court:

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| 1. | Dismisses the appeal; |

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| 2. | Orders Ferrero SpA to pay the costs. |

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