Source: EURLEX
Language: en
Format: md

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| 17.12.2011 | EN | Official Journal of the European Union | C 370/24 |

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Judgment of the General Court of 10 November 2011 — Three-N-Products Private v OHIM — Shah (AYUURI NATURAL)

(Case T-313/10)[(1)](#ntr1-C_2011370EN.01002402-E0001)

(Community trade mark - Opposition proceedings - Application for Community word mark AYUURI NATURAL - Earlier Community word and figurative marks AYUR - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 370/40

Language of the case: English

Parties

Applicant: Three-N-Products Private Ltd (New Delhi, India) (represented by: C. Jäger, lawyer)

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

Other parties to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Sheilesh Shah (Wembley, United Kingdom); and Akhil Shah (Wembley) (represented by: M. Chapple, Barrister)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 1 June 2010 (case R 1005/2009-4), relating to opposition proceedings between (i) Three-N-Products Private Ltd and (ii) S. Shah, A. Shah and Mr M. Shah.

Operative part of the order

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| 1. | Annuls the decision of the Fourth Board of Appeal of the Office for the Harmonisation of the Internal Market (Trade Marks and Designs) of 1 June 2010 (case R 1005/2009-4); |

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| 2. | Orders OHIM to pay its own costs and those of Three-N-Products Private Ltd; |

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| 3. | Orders Sheleish Shah and Akhil Shah to bear their own costs and the costs necessarily incurred by Three-N-Products Private Ltd for the purposes of the proceedings before the Fourth Board of Appeal. |

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