This document is an excerpt from the EUR-Lex website
Document 62010TA0542
Case T-542/10: Judgment of the General Court of 13 June 2012 — XXXLutz Marken v OHIM — Meyer Manufacturing (CIRCON) (Community trade mark — Opposition proceedings — Application for Community word mark CIRCON — Prior Community word mark CIRCULON — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Highly distinctive character — Goodwill — Article 8(1)(b) of Regulation (EC) No 207/2009 — Procedure before the Board of Appeal — Rights of the defence — Articles 75 and 76 of Regulation No 207/2009)
Case T-542/10: Judgment of the General Court of 13 June 2012 — XXXLutz Marken v OHIM — Meyer Manufacturing (CIRCON) (Community trade mark — Opposition proceedings — Application for Community word mark CIRCON — Prior Community word mark CIRCULON — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Highly distinctive character — Goodwill — Article 8(1)(b) of Regulation (EC) No 207/2009 — Procedure before the Board of Appeal — Rights of the defence — Articles 75 and 76 of Regulation No 207/2009)
Case T-542/10: Judgment of the General Court of 13 June 2012 — XXXLutz Marken v OHIM — Meyer Manufacturing (CIRCON) (Community trade mark — Opposition proceedings — Application for Community word mark CIRCON — Prior Community word mark CIRCULON — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Highly distinctive character — Goodwill — Article 8(1)(b) of Regulation (EC) No 207/2009 — Procedure before the Board of Appeal — Rights of the defence — Articles 75 and 76 of Regulation No 207/2009)
OJ C 217, 21.7.2012, p. 20–21
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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21.7.2012 |
EN |
Official Journal of the European Union |
C 217/20 |
Judgment of the General Court of 13 June 2012 — XXXLutz Marken v OHIM — Meyer Manufacturing (CIRCON)
(Case T-542/10) (1)
(Community trade mark - Opposition proceedings - Application for Community word mark CIRCON - Prior Community word mark CIRCULON - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Highly distinctive character - Goodwill - Article 8(1)(b) of Regulation (EC) No 207/2009 - Procedure before the Board of Appeal - Rights of the defence - Articles 75 and 76 of Regulation No 207/2009)
2012/C 217/43
Language of the case: German
Parties
Applicant: XXXLutz Marken GmbH (Wels, Austria) (represented by: H. Pannen, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: R. Manea, and subsequently by: K. Klüpfel, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Meyer Manufacturing Co. Ltd (Kowloon, Hong Kong) (represented by: M. Fiedler, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 3 September 2010 (Case R 40/2010-1) concerning opposition proceedings between Meyer Manufacturing Co. Ltd and XXXLutz Marken GmbH.
Operative part of the judgment
The Court:
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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 3 September 2010 (Case R 40/2010-1); |
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2. |
Orders OHIM to bear its own costs and to pay those incurred by XXXLutz Marken GmbH; |
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3. |
Orders Meyer Manufacturing Co. Ltd to bear its own costs. |