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Document 62011CO0599
Order of the Court (Fifth Chamber) of 28 June 2012.#Appeal — Article 119 of the Rules of Procedure — Community trade mark — Application for registration of the word sign ‘TOFUKING’ — Opposition by the proprietor of the trade mark Curry King — Regulation (EC) No 207/2009 — Article 8(1)(b) — Likelihood of confusion — Degree of similarity.#Case C-599/11 P.
Rješenje Suda (peto vijeće) od 2012. lipanj 28.
Predmet C-599/11 P.
Rješenje Suda (peto vijeće) od 2012. lipanj 28.
Predmet C-599/11 P.
ECLI identifier: ECLI:EU:C:2012:403
Order of the Court (Fifth Chamber) of 28 June 2012 —
TofuTown.com v Meica and OHIM
(Case C-599/11 P)
Appeal — Article 119 of the Rules of Procedure — Community trade mark — Application for registration of the word sign ‘TOFUKING’ — Opposition by the proprietor of the trade mark Curry King — Regulation (EC) No 207/2009 — Article 8(1)(b) — Likelihood of confusion — Degree of similarity
1. Appeals — Grounds — Grounds which are manifestly inadmissible or manifestly unfounded — Rejection (Rules of Procedure of the Court, Art. 119) (see paras 17-36)
2. 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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 29-31)
Re:
| Appeal against the judgment of the General Court (Second Chamber) of 20 September 2011 in Case T-99/10 | Meica | v | OHIM | — | TofuTown.com | ( | TOFUKING | ), in which the General Court annulled the decision of the Fourth Board of Appeal of OHIM of 7 January 2010 (Case R 63/2009-4) concerning opposition proceedings between Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG and TofuTown.com GmbH — Likelihood of confusion. |
Operative part:
|
1. |
The appeal is dismissed. |
|
2. |
TofuTown.com GmbH is ordered to bear its own costs and to pay the costs incurred by Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG. |
|
3. |
The Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) is ordered to bear its own costs. |