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Document 62011TJ0280
Ewald v OHMI - Kin Cosmetics (Keen)
Ewald v OHMI - Kin Cosmetics (Keen)
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
—
Likelihood of confusion with the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 17, 37
)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 3 March 2011 (Case R 1383/2010‑1), relating to opposition proceedings between Kin Cosmetics, SA and Ms Rita Ewald.
Operative part
The Court:
1. Dismisses the action;
2. Orders Ms Rita Ewald to pay the costs.
Judgment of the General Court (Fourth Chamber) of 15 May 2012 — Ewald v OHIM — Kin Cosmetics (Keen)
(Case T-280/11)
‛Community trade mark — Opposition proceedings — Application for the Community word mark Keen — Community figurative mark KIN — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — 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 17, 37)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 3 March 2011 (Case R 1383/2010-1), relating to opposition proceedings between Kin Cosmetics, SA and Ms Rita Ewald.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Ms Rita Ewald to pay the costs. |