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Document 62009TA0374

    Case T-374/09: Judgment of the General Court of 28 November 2013 — Lorenz Shoe Group v OHIM — Fuzhou Fuan Leather Plastics Clothing Making (Ganeder) (Community trade mark — Opposition procedure — Application for Community word mark Ganeder — Earlier community word mark Ganter — Relative ground for refusal — Similarity of the signs — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

    OJ C 15, 18.1.2014, p. 14–14 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    18.1.2014   

    EN

    Official Journal of the European Union

    C 15/14


    Judgment of the General Court of 28 November 2013 — Lorenz Shoe Group v OHIM — Fuzhou Fuan Leather Plastics Clothing Making (Ganeder)

    (Case T-374/09) (1)

    (Community trade mark - Opposition procedure - Application for Community word mark Ganeder - Earlier community word mark Ganter - Relative ground for refusal - Similarity of the signs - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

    2014/C 15/18

    Language of the case: German

    Parties

    Applicant: Lorenz Shoe Group AG (Taufkirchen an der Pram, Austria) (represented initially by M. Douglas, subsequently by N. Hebeis, lawyers)

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

    Other party to the proceedings before the Board of Appeal of OHIM: Fuzhou Fuan Leather Plastics Clothing Making Co. Ltd (Cangshan Fuzhou, China) (represented by: A. Paschke, lawyer)

    Re:

    Action brought against the decision of the First Board of Appeal of OHIM of 16 July 2009 (Case R 1289/2008-1), relating to an opposition procedure between shoe fashion group Lorenz AG and Fuzhou Fuan Leather Plastics Clothing Making Co. Ltd.

    Operative part of the judgment

    The Court:

    1.

    Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 July 2009 (Case R 1289/2008-1);

    2.

    Orders OHIM to bear its own costs and pay those incurred by Lorenz Shoe Group AG;

    3.

    Orders Fuzhou Fuan Leather Plastics Clothing Making Co. Ltd to bear its own costs.


    (1)  OJ C 282, 21.11.2009.


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