Source: EURLEX
Language: en
Format: md

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| 3.8.2013 | EN | Official Journal of the European Union | C 225/73 |

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Judgment of the General Court of 6 June 2013 — McNeil v OHIM — Alkalon (NICORONO)

(Case T-580/11)[(1)](#ntr1-C_2013225EN.01007302-E0001)

(Community trade mark - Opposition proceedings - Application for the Community word mark NICORONO - Earlier Community word mark NICORETTE - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 225/161

Language of the case: English

Parties

Applicant: McNeil AB (Helsingborg, Sweden) (represented by: I. Starr, Solicitor, and G. Tritton, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Alkalon ApS (Copenhagen, Denmark)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 August 2011 (Case R 1582/2010-2), relating to opposition proceedings between McNeil AB and Alkalon ApS.

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 3 August 2011 (Case R 1582/2010-2); |

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| 2. | Orders OHIM to pay the costs. |

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