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Document 62010TJ0174

Judgment of the General Court (Seventh Chamber) of 22 September 2011.
ara AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition procedure - International registration covering the European Community - Figurative mark A with two triangular motifs - Earlier national word mark A - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009.
Case T-174/10.

European Court Reports 2011 II-00314*

ECLI identifier: ECLI:EU:T:2011:519





Judgment of the General Court (Seventh Chamber) of 22 September 2011 – ara v OHIM – Allrounder (A with two rectangular motifs)

(Case T-174/10)

Community trade mark – Opposition procedure – International registration covering the European Community – Figurative mark A with two triangular motifs – Earlier national word mark A – Relative ground for refusal – No likelihood of confusion – 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 22-24, 38)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 26 January 2010 (Case R 481/2009-1) concerning opposition proceedings between ara AG and Allrounder SARL.

Operative part

The Court:

1.

Dismisses the action;

2.

Orders ara AG to pay the costs.

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