Judgments nº T-7/08 of The General Court, March 25, 2010
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Summary
Community trade mark – Opposition proceedings – Application for figurative Community marks Golden Eagle and Golden Eagle Deluxe – Earlier international and national figurative marks representing a mug and coffee beans – Relative ground for refusal – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
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Extract
Judgments nº T-7/08 of The General Court, March 25, 2010
In Joined Cases T‑5/08 to T‑7/08,
Société des produits Nestlé SA, established in Vevey (Switzerland), represented by A. von Mühlendahl, lawyer, applicant, v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by R. Pethke, acting as Agent, defendant, the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being Master Beverage Industries Pte Ltd, established in Singapore, represented by N. Clarembeaux, D. Vervaet and P. Maeyaert, lawyers, ACTIONS brought against three decisions of the Second Board of Appeal of OHIM of 1 October 2007 (Cases R 563/2006‑2, R 568/2006‑2 and R 1312/2006‑2) concerning opposition proceedings between Société des produits Nestlé SA and Master Beverage Industries Pte Ltd, THE GENERAL COURT (Eighth Chamber), composed of M.E. Martins Ribeiro, President, S. Papasavvas and A. Dittrich (Rapporteur), Judges, Registrar: N. Rosner, Administrator, having regard to the applications lodged at the Court Registry on 4 January 2008, having regard to the response of OHIM lodged at the Court Registry on 27 June 2008, having regard to the response of the intervener lodged at the Court Registry on 30 June 2008, having regard to the order of 23 May 2008 joining cases T-5/08, T‑6/08 and T‑7/08, further to the hearing on 30 April 2009, gives the following Judgment Background to the dispute 1 On 7 May 2003 the intervener, Master Beverage Industries Pte Ltd, filed three Community trade mark applications with the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) pursuant to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1), as amended (replaced by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)). 2 The...See the full content of this document
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