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Document 62010TJ0022

    Judgment of the General Court (Seventh Chamber) of 10 November 2011.
    Esprit International LP v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition proceedings - Application for the Community figurative mark consisting of the representation of a letter on a pocket - Earlier national figurative mark representing a letter - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009.
    Case T-22/10.

    European Court Reports 2011 II-00381*

    ECLI identifier: ECLI:EU:T:2011:651





    Judgment of the General Court (Seventh Chamber) of 10 November 2011 – Esprit International v OHIM – Marc O'Polo International (Representation of a letter on a pocket)

    (Case T-22/10)

    Community trade mark – Opposition proceedings – Application for the Community figurative mark consisting of the representation of a letter on a pocket – Earlier national figurative mark representing a letter – Relative ground for refusal – 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 106-108)

    Re:

    ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 19 November 2009 (Case R 1666/2008-4), relating to opposition proceedings between Marc O’Polo International GmbH and Esprit International LP.

    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Esprit International LP to pay the costs.

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