Source: EURLEX
Language: en
Format: md

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| 12.3.2011 | EN | Official Journal of the European Union | C 80/18 |

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Judgment of the General Court of 2 February 2011 — Oyster Cosmetics v OHIM — Kadabell (Oyster cosmetics)

(Case T-437/09)[(1)](#ntr1-C_2011080EN.01001801-E0001)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Oyster cosmetics - Earlier Community figurative mark Kadus oystra AUTO STOP PROTECTION - Relative ground for refusal - Likelihood of confusion - Similarity of signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 80/34

Language of the case: English

Parties

Applicant: Oyster Cosmetics SpA (Castiglione delle Stiviere, Italy) (represented by: A. Perani and P. Pozzi, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Kadabell GmbH & Co. KG (Darmstadt, Germany) (represented by: K. Sandberg, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 5 August 2009 (Case R 1367/2008-1) concerning opposition proceedings between Kadabell GmbH & Co. KG and Oyster Cosmetics SpA.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Oyster Cosmetics SpA to pay the costs. |

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