Source: EURLEX
Language: en
Format: md

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| 10.11.2012 | EN | Official Journal of the European Union | C 343/15 |

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Judgment of the General Court of 20 September 2012 — HerkuPlast Kubern v OHIM — How (eco-pack)

(Case T-445/10)[(1)](#ntr1-C_2012343EN.01001503-E0001)

(Community trade mark - Opposition proceedings - Application for Community trade mark eco-pack - Earlier national and international word marks ECOPAK - Likelihood of confusion - Similarity of the goods - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 343/25

Language of the case: German

Parties

Applicant: HerkuPlast Kubern GmbH (Ering, Germany) (represented by: G. Würtenberger and R. Kunze, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Heidi A.T. How (Harrow, United Kingdom)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 27 July 2010 (Case R 2014/2009-4) concerning opposition proceedings between HerkuPlast Kubern GmbH and Heidi A.T. How.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Fourth Board of Appeal of Office for Harmonisation in the Internal Market of 27 July 2010 (Case R 2014/2009-4); |

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| 2. | Orders OHIM to pay the costs incurred by HerkuPlast Kubern GmbH and to bear its own costs. |

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