Source: EURLEX
Language: en
Format: md

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| 10.11.2014 | EN | Official Journal of the European Union | C 395/39 |

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Judgment of the General Court of 26 September 2014 — Koscher + Würtz v OHIM — Kirchner & Wilhelm (KW SURGICAL INSTRUMENTS)

(Case T-445/12) [(1)](#ntr1-C_2014395EN.01003901-E0001)

((Community trade mark - Opposition proceedings - International registration designating the European Community - Figurative mark KW SURGICAL INSTRUMENTS - Earlier national word mark Ka We - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Appeal procedure - Scope of the examination to be carried out by the Board of Appeal - Proof of genuine use of the earlier trade mark - Application submitted to the Opposition Division - Refusal to register the trade mark applied for without prior examination of the condition of genuine use of the earlier trade mark - Error of law - Power to alter decisions))

(2014/C 395/47)

Language of the case: German

Parties

Applicant: Koscher + Würtz GmbH (Spaichingen, Germany) (represented by: P. Mes, C. Graf von der Groeben, G. Rother, J. Bühling, A. Verhauwen, J. Künzel, D. Jestaedt, M Bergermann, J. Vogtmeier and A. Kramer, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Kirchner & Wilhelm GmbH + Co. (Asperg, Germany) (represented by: J. Dönch, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 6 August 2012 (Case R 1675/2011-4) concerning opposition proceedings between Kirchner & Wilhelm GmbH + Co. and Koscher + Würtz GmbH.

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 6 August 2012 (Case R 1675/2011-4) concerning opposition proceedings between Kirchner & Wilhelm GmbH + Co. and Koscher + Würtz GmbH; |

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| 2. | Dismisses the action as to the remainder; |

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| 3. | Orders OHIM to bear its own costs and to pay half of the costs incurred by Koscher + Würtz in the proceedings before the Board of Appeal and the General Court; |

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| 4. | Orders Koscher + Würtz to bear half of the costs it has incurred in the proceedings before the Board of Appeal and the General Court. |

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