Source: EURLEX
Language: en
Format: md

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| 16.6.2014 | EN | Official Journal of the European Union | C 184/5 |

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Order of the Court (Sixth Chamber) of 13 February 2014 — Marek Marszałkowski v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Mar-Ko Fleischwaren GmbH & Co. KG

(Case C-177/13 P)[(1)](#ntr1-C_2014184EN.01000501-E0001)

((Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Application for Community figurative mark with the word elements ‘Walichnowy’ and ‘Marko’ - Opposition by the proprietor of the Community word MAR-KO - Relative ground for refusal - Likelihood of confusion))

2014/C 184/06

Language of the case: Polish

Parties

Appellant: Marek Marszałkowski (represented by: C. Sadkowski, lawyer)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent), Mar-Ko Fleischwaren GmbH & Co.

Re:

Appeal brought against the judgment of the General Court (First Chamber) of 4 February 2013 in Case T-159/11 Marszalkowski v OHIM — Mar-Ko Fleischwaren (WALICHNOWY MARKO), by which the General Court dismissed the action brought against the decision of the Fourth Board of Appeal of OHIM of 11 January 2011 (Case R 760/2010-4) which annulled the decision of the Opposition Division dismissing the opposition brought by the proprietor of the Community word mark ‘Mar-Ko’ in respect of goods in Class 29 of the Nice Agreement — Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark ([OJ 2009 L 78, p. 1](./../../../legal-content/EN/AUTO/?uri=OJ:L:2009:078:TOC)) and Article 48(2) of the Rules of Procedure of the General Court — Relative ground for refusal — Likelihood of confusion

Operative part of the order

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| 1. | The appeal is dismissed. |

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| 2. | Marek Marszałkowski is ordered to pay the costs. |

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