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24.10.2009 |
EN |
Official Journal of the European Union |
C 256/4 |
Judgment of the Court (First Chamber) of 3 September 2009 — Aceites del Sur-Coosur SA, formerly Aceites del Sur v Koipe Corporación, Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-498/07 P) (1)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Figurative mark La Española - Overall assessment of the likelihood of confusion - Decisive element)
2009/C 256/07
Language of the case: Spanish
Parties
Appellant: Aceites del Sur-Coosur SA, formerly Aceites del Sur SA (represented by: J.-M. Otero Lastres and R. Jimenez Diaz, abogados)
Other parties to the proceedings: Koipe Corporación SL (represented by: M. Fernández de Béthencourt, abogado), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo, Agent)
Re:
Appeal against the judgment of the Court of First Instance (First Chamber) of 12 September 2007 in Case T-363/04 Koipe v OHIM and Aceites del Sur (La Española), by which the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 May 2004 (Case R 1109/2000-4) was altered so as to hold that the appeal brought by the applicant before the Board of Appeal is well founded and, consequently, that the opposition is to be upheld.
Operative part of the judgment
The Court:
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1. |
Dismisses the appeal; |
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2. |
Orders Aceites del Sur-Coosur SA to pay, in addition to its own costs, those of Koipe Corporación SL; |
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3. |
Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to bear its own costs. |