Source: EURLEX
Language: en
Format: md

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| 16.11.2013 | EN | Official Journal of the European Union | C 336/21 |

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Judgment of the General Court of 16 September 2013 — Oro Clean Chemie v OHIM (PROSEPT)

(Case T-284/12)[(1)](#ntr1-C_2013336EN.01002101-E0001)

(Community trade mark - Opposition proceedings - Application for Community word mark PROSEPT - Earlier national word mark Pursept - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 - Rights of defence - Article 75 of Regulation No 207/2009)

2013/C 336/41

Language of the case: German

Parties

Applicant: Oro Clean Chemie AG (Fehraltorf, Switzerland) (represented by: F. Ekey, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)

Other party/parties to the proceedings before the Board of Appeal of OHIM: Merz Pharma GmbH & Co. KGaA (Frankfurt am Main, Germany) (represented by: M. Hirsch and C. Mayerhöffer, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 29 March 2012 (Case R 1053/2011-1), relating to opposition proceedings between Merz Pharma GmbH & Co. KGaA and Oro Clean Chemie AG.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Oro Clean Chemie AG to pay the costs. |

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