Judgment of the General Court of 22 May 2012 - Asa v OHIM - Merck (FEMIFERAL)

(Case T-110/11) 

(Community trade mark -Opposition proceedings - Application for Community word mark FEMIFERAL - Earlier national word mark Feminatal and earlier national figurative mark feminatal - Relative ground for refusal - Similarity of the signs - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

Language of the case: Polish

Parties

Applicant: Asa sp. z o.o. (Głubczyce, Poland) (represented by: M. Chimiak, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Merck sp. z o.o. (Warsaw, Poland)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 19 November 2010 (Case R 182/2010-1) relating to opposition proceedings between Merck sp. z o.o. and Asa sp. z o.o.

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders Asa sp. z o.o. to pay the costs.

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¹ - OJ C 139, 7.5.2011.