Source: EURLEX
Language: en
Format: md

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| 26.11.2011 | EN | Official Journal of the European Union | C 347/30 |

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Judgment of the General Court of 18 October 2011 — dm-drogerie markt v OHIM — Semtee (caldea)

(Case T-304/10)[(1)](#ntr1-C_2011347EN.01003002-E0001)

(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)

2011/C 347/49

Language of the case: English

Parties

Applicant: dm-drogerie markt GmbH & Co. KG (Karlsruhe, Germany) (represented by: O. Bludovsky and P. Hiller, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Semtee (Escaldes Engornay, Andorra) (represented by: É. Guissart, lawyer)

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 of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 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; |

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

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