Source: EURLEX
Language: en
Format: md

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| 26.1.2013 | EN | Official Journal of the European Union | C 26/44 |

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Judgment of the General Court of 28 November 2012 — Bauer v OHIM — BenQ Materials (Daxon)

(Case T-29/12)[(1)](#ntr1-C_2013026EN.01004402-E0001)

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

2013/C 26/85

Language of the case: German

Parties

Applicant: Erika Bauer (Schaufling, Germany) (represented by: A. Merz, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: BenQ Materials Corp. (Gueishan Taoyuan, Taiwan)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 9 November 2011 (Case R 2191/2010-2) relating to opposition proceedings between Mrs Erika Bauer and BenQ Materials Corp.

Operative part of the judgment

The Court:

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| 1. | Alva Management GmbH is granted leave to be substituted for Mrs Erika Bauer as applicant; |

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| 2. | The action is dismissed. |

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| 3. | Alva Management is ordered to pay the costs. |

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