Source: EURLEX
Language: en
Format: md

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| 5.2.2011 | EN | Official Journal of the European Union | C 38/15 |

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Judgment of the General Court of 15 December 2010 — Bianchin v OHIM — Grotto (GASOLINE)

(Case T-380/09)[(1)](#ntr1-C_2011038EN.01001501-E0001)

(Community trade mark - Invalidity proceedings - Community word mark GASOLINE - Earlier Community figurative mark GAS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 38/26

Language of the case: Italian

Parties

Applicant: Luciano Bianchin (Asolo, Italy) (represented by: G. Massa and P. Massa, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Grotto SpA (Chiuppano, Italy) (represented by: F. Jacobacci, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 13 July 2009 (Case R 1455/2008-2) relating to invalidity proceedings between Grotto SpA and Luciano Bianchin.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Luciano Bianchin to pay the costs. |

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