CELEX: 62010TJ0304
Language: en
Date: 2011-10-18 00:00:00
Title: Judgment of the General Court (Second Chamber) of 18 October 2011. # dm-drogerie markt GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for registration of the Community figurative mark caldea - Earlier international word mark BALEA - Relative ground for refusal - No likelihood of confusion - No similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-304/10.

Judgment of the General Court (Second Chamber) of 18 October 2011 – dm‑drogerie markt v OHIM – Semtee (caldea)
      (Case T-304/10)
      Community trade mark – Opposition proceedings – Application for registration of the Community figurative mark caldea – Earlier international word mark BALEA – Relative ground for refusal – No likelihood of confusion – No similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009
      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 20, 28, 59, 65-66)
      
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 29 April 2010 (Case R 899/2009-1), relating to
                  opposition proceedings between dm‑drogerie markt GmbH & Co. KG and Semtee.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders dm-drogerie markt GmbH & Co. KG to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade
                     Marks and Designs) (OHIM), in addition to bearing its own costs;
                  
               
            
         
                  3.
               
               
                  
               
               
                  	Orders each party to bear its own costs relating to the intervention of Semtee.