Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Second Chamber) of 18 October 2011 – dm‑drogerie markt v OHIM – Semtee (caldea)**

**(Case T-304/10)**

Community trade mark – Opposition proceedings – Application for registration of the Community figurative mark caldea – Earlier international word mark BALEA – Relative ground for refusal – No likelihood of confusion – No similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
– Likelihood of confusion with the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 20, 28, 59, 65-66)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 29 April 2010 (Case R 899/2009-1), relating to opposition proceedings between dm‑drogerie markt GmbH & Co. KG and Semtee. |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders dm-drogerie markt GmbH & Co. KG to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), in addition to bearing its own costs; |

|  |  |  |
| --- | --- | --- |
| 3. |  | Orders each party to bear its own costs relating to the intervention of Semtee. |

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