Source: EURLEX
Language: en
Format: md

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| 2.2.2015 | EN | Official Journal of the European Union | C 34/32 |

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Judgment of the General Court of 10 December 2014 — Novartis v OHIM — Dr Organic (BIOCERT)

(Case T-605/11)[(1)](#ntr1-C_2015034EN.01003201-E0001)

((Community trade mark - Opposition proceedings - Application for the Community word mark BIOCERT - Earlier national word mark BIOCEF - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 034/35)

Language of the case: English

Parties

Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Douglas, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Dr Organic Ltd (Swansea, United Kingdom)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 28 September 2011 (Case R 1030/2010-4), concerning opposition proceedings between Novartis AG and Dr Organic Ltd.

Operative part of the judgment

The Court:

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| 1) | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 September 2011 (Case R 1030/2010-4). |

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| 2) | Orders OHIM to pay the costs. |

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