Source: EURLEX
Language: en
Format: md

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| 29.10.2011 | EN | Official Journal of the European Union | C 319/18 |

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Judgment of the General Court of 22 September 2011 — ara v OHIM — Allrounder (A with two rectangular motifs)

(Case T-174/10)[(1)](#ntr1-C_2011319EN.01001801-E0001)

(Community trade mark - Opposition procedure - International registration covering the European Community - Figurative mark A with two triangular motifs - Earlier national word mark A - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 319/36

Language of the case: French

Parties

Applicant: ara AG (Langenfeld, Germany) (represented initially by M. Gial, then by M. Gial and H. Pernez, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Allrounder SARL (Sarrebourg, France) (represented by: N. Boespflug, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 26 January 2010 (Case R 481/2009-1) concerning opposition proceedings between ara AG and Allrounder SARL.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders ara AG to pay the costs. |

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