Keywords
Subject of the case
Operative part
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
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Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 22, 62
)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 September 2008 (Case R 469/2008-2), concerning opposition proceedings between Laboratorios Byly SA and Vasileios Ginis.
Information relating to the case
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Operative part
The Court:
1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 15 September 2008 (Case R 469/2008-2);
2. Orders OHIM to pay the costs.