Source: EURLEX
Language: en
Format: md

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| 1.6.2013 | EN | Official Journal of the European Union | C 156/40 |

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Judgment of the General Court of 23 April 2013 — Apollo Tyres v OHIM — Endurance Technologies (ENDURANCE)

(Case T-109/11)[(1)](#ntr1-C_2013156EN.01004001-E0001)

(Community trade mark - Opposition proceedings - Application for the Community word mark ENDURACE - Earlier Community figurative mark ENDURANCE - Relative grounds for refusal - Similarity of the goods and services - Similarity of the signs - Partial refusal of registration - Article 8(1)(b) of Regulation (EC) No 207/2009 - Likelihood of confusion)

2013/C 156/72

Language of the case: English

Parties

Applicant: Apollo Tyres AG (Baden, Switzerland) (represented by: S. Szilvasi, lawyer)

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: Endurance Technologies Pvt Ltd (Aurangabad, India)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 25 November 2010 (Case R 625/2010-1), concerning opposition proceedings between Endurance Technologies Pvt Ltd and Apollo Tyres AG

Operative part of the judgment

The Court:

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| 1. | Dismisses the action. |

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| 2. | Orders Apollo Tyres AG to pay the costs. |

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