CELEX: 62010TJ0072
Language: en
Date: 2011-10-26
Title: Judgment of the General Court (Fifth Chamber) of 26 October 2011. # Intermark Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark NATY'S - Earlier Community figurative mark Naty - Relative ground for refusal - Likelihood of confusion - Similarity of goods - Article 8(1)(b) of Regulation (EC) No 207/2009 - Partial rejection of opposition. # Case T-72/10.

Judgment of the General Court (Fifth Chamber) of 26 October 2011 – Intermark v OHIM – Natex International (NATY'S)
      (Case T-72/10)
      Community trade mark – Opposition proceedings – Application for Community word mark NATY’S – Earlier Community figurative mark Naty – Relative ground for refusal – Likelihood of confusion – Similarity of goods – Article 8(1)(b) of Regulation (EC) No 207/2009 – Partial rejection of opposition
      Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
         – Likelihood of confusion with the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 25, 38, 40)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 2 December 2009 (Case R 953/2009-2) relating
                  to opposition proceedings between Intermark Srl and Natex International Trade SpA.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Intermark Srl to pay the costs.