Source: EURLEX
Language: en
Format: md

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| 3.12.2011 | EN | Official Journal of the European Union | C 355/18 |

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Judgment of the General Court of 20 October 2011 — Scatizza v OHIM — Jacinto (Horse Couture)

(Case T-238/10)[(1)](#ntr1-C_2011355EN.01001802-E0001)

(Community trade mark - Opposition proceedings - Application for registration of the Community figurative mark Horse Couture - Earlier national figurative mark HORSE - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2011/C 355/32

Language of the case: English

Parties

Applicant: Stephanie Scatizza (Breganzona, Switzerland) (represented by: P. Perani and P. Pozzi, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Manuel Jacinto, Lda (São Paio de Oleiros, Portugal)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 5 March 2010 (Case R 723/2009-2) relating to opposition proceedings between Manuel Jacinto, Lda and Stephanie Scatizza.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Stephanie Scatizza to pay the costs. |

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