Source: EURLEX
Language: en
Format: md

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| 9.7.2011 | EN | Official Journal of the European Union | C 204/22 |

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Judgment of the General Court of 25 May 2011 — São Paulo Alpargatas v OHIM — Fischer (BAHIANAS LAS ORIGINALES)

(Case T-422/09)[(1)](#ntr1-C_2011204EN.01002201-E0001)

(Community trade mark - Opposition proceedings - Application for Community figurative mark BAHIANAS LAS ORIGINALES - Earlier Community and national figurative trade marks havaianas and earlier national word mark HAVAIANAS - Relative ground for refusal - Likelihood of confusion - Similarity of signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 204/38

Language of the case: Spanish

Parties

Applicant: São Paulo Alpargatas, SA (São Paolo, Brazil) (represented by: P. Merino Baylos and A. Velázquez Ibáñez, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Enrique Fischer (Buenos Aires, Argentina) (represented by: initially E. Rasche Aparicio, then M. de Justo Bailey, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 17 August 2009 (Case R 1477/2008-2), concerning opposition proceedings between São Paulo Alpargatas, SA and Enrique Fischer.

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 17 August 2009 (Case R 1477/2008-2); |

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| 2. | Orders OHIM to pay its own costs and the costs incurred by São Paulo Alpargatas, SA; |

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| 3. | Orders Enrique Fischer to pay his own costs. |

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