Source: EURLEX
Language: en
Format: md

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| 30.4.2011 | EN | Official Journal of the European Union | C 130/15 |

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Judgment of the General Court of 15 March 2011 — Ifemy’s v OHIM — Dada & Co Kids (Dada & Co. kids)

(Case T-50/09)[(1)](#ntr1-C_2011130EN.01001501-E0001)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Dada & Co. kids - Earlier national word mark DADA - Relative ground for refusal - Absence of genuine use of the earlier mark - Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009))

2011/C 130/26

Language of the case: English

Parties

Applicant: Ifemy’s Holding GmbH (Munich, Germany) (represented by: H.-G. Augustinowski, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Dada & Co. Kids Srl (Prato, Italy)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 27 November 2008 (Case R 911/2008-4), relating to opposition proceedings between Ifemy’s Holding GmbH and Dada & Co. Kids Srl.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Ifemy’s Holding GmbH to pay the costs. |

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