Source: EURLEX
Language: en
Format: md

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| 17.12.2011 | EN | Official Journal of the European Union | C 370/23 |

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Judgment of the General Court of 10 November 2011 — Esprit International v OHIM — Marc O’Polo International (Representation of a letter on a pocket)

(Case T-22/10)[(1)](#ntr1-C_2011370EN.01002302-E0001)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark consisting of the representation of a letter on a pocket - Earlier national figurative mark representing a letter - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 370/38

Language of the case: German

Parties

Applicant: Esprit International LP (New York, New York, United States) (represented by: M. Treis and E.-M. Strobel, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially, S. Schäffner, and subsequently, G. Schneider, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Marc O’Polo International GmbH (Stephanskirchen, Germany) (represented by: A. Gaul, V. Spitz, T. Golda and S. Kirschstein-Freund, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 19 November 2009 (Case R 1666/2008-4), relating to opposition proceedings between Marc O’Polo International GmbH and Esprit International LP.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Esprit International LP to pay the costs. |

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