Source: EURLEX
Language: en
Format: md

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| 8.3.2014 | EN | Official Journal of the European Union | C 71/18 |

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Judgment of the General Court of 23 January 2014 — Sunrider v OHIM — Nannerl (SUN FRESH)

(Case T-221/12) [(1)](#ntr1-C_2014071EN.01001802-E0001)

(Community trade mark - Opposition proceedings - Application for the Community word mark SUN FRESH - Earlier Community, Benelux and national word and figurative marks SUNNY FRESH, SUNRIDER SUNNY FRESH and SUNNYFRESH - Relative ground for refusal - Proof of the genuine use of earlier marks - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

(2014/C 71/31)

Language of the case: English

Parties

Applicant: The Sunrider Corporation (Torrance, California, United States) (represented by: N. Dontas and E. Markakis, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Nannerl GmbH & Co. KG (Anthering bei Salzburg, Austria) (represented by: A. Thünken, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 26 March 2012 (Case R 2401/2010-4), relating to opposition proceedings between The Sunrider Corporation and Nannerl GmbH & Co. KG.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders The Sunrider Corporation to pay the costs. |

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