Source: EURLEX
Language: en
Format: md

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| 16.11.2013 | EN | Official Journal of the European Union | C 336/20 |

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Judgment of the General Court of 16 September 2013 — Gitana SA v OHIM — Teddy (GITANA)

(Case T-569/11)[(1)](#ntr1-C_2013336EN.01002002-E0001)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark GITANA - Earlier Community figurative mark KiTANA - Proof of genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009 - Relative ground for refusal - Likelihood of confusion - Identity or similarity of the goods - Similarity of the signs - Article 8(1)(b) of Regulation No 207/2009 - Partial refusal of registration)

2013/C 336/40

Language of the case: English

Parties

Applicant: Gitana SA (Pregny-Chambésy, Switzerland) (represented by: F. Benech, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Teddy SpA (Rimini, Italy) (represented by: S. Rizzo, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 4 August 2011 (Case R 1825/2007-1), relating to opposition proceedings between Rosenruist — Gestão e serviços, Lda and Gitana SA

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Gitana SA to pay the costs. |

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