Source: EURLEX
Language: en
Format: md

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| 27.8.2011 | EN | Official Journal of the European Union | C 252/32 |

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Judgment of the General Court of 12 July 2011 — Aldi Einkauf v OHIM — Illinois Tools Works (TOP CRAFT)

(Case T-374/08)[(1)](#ntr1-C_2011252EN.01003201-E0001)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark TOP CRAFT - Earlier national figurative marks Krafft - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Genuine use of the earlier marks - Article 43(2) of Regulation No 40/94 (now Article 42(2) of Regulation 207/2009) and Rule 22 of Regulation (EC) No 2868/95)

2011/C 252/74

Language of the case: German

Parties

Applicant: Aldi Einkauf GmbH & Co. OHG (Essen, Germany) (represented by: N. Lützenrath, U. Rademacher, L. Kolks and C. Fürsen, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Illinois Tools Works, Inc. (Glenview, United States)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 25 June 2008 (Case No R 952/2007-2), relating to opposition proceedings between Illinois Tools Works, Inc. and Aldi Einkauf GmbH & Co. OHG

Operative part of the judgment

The Court:

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| 1. | annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 25 June 2008 (Case No R 952/2007-2), relating to opposition proceedings between Illinois Tools Works, Inc. and Aldi Einkauf GmbH & Co. OHG); |

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| 2. | orders OHIM to pay the costs. |

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