Source: EURLEX
Language: en
Format: md

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| 14.5.2011 | EN | Official Journal of the European Union | C 145/25 |

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Judgment of the General Court of 24 March 2011 — XXXLutz Marken v OHIM — Natura Selection (Linea Natura Natur hat immer Stil)

(Case T-54/09)[(1)](#ntr1-C_2011145EN.01002501-E0001)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Linea Natura Natur hat immer Stil - Earlier Community figurative mark natura selection - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2011/C 145/40

Language of the case: German

Parties

Applicant: XXXLutz Marken GmbH (Wels, Austria) (represented by: H. Pannen, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Natura Selection, SL (Barcelona, Spain) (represented by: E. Sugrañes Coca, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 28 November 2008 (Case R 1787/2007-2) relating to opposition proceedings between Natura Selection, SL and XXXLutz Marken Gmb.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders XXXLutz Marken GmbH to pay the costs. |

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