Judgment of the General Court of 26 February 2016 — Mederer GmbH v OHIM — Cadbury Netherlands International Holdings (Gummi Bear-Rings)
(Case T-210/14) 1
(Community trade mark — Opposition proceedings — International registration designating the European Community — Figurative mark Gummi Bear-Rings — Earlier national figurative mark GUMMY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Mederer GmbH (Fürth, Germany) (represented by: C. Sachs and O. Ruhl, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar and H. Kunz, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Cadbury Netherlands International Holdings BV (Breda, Netherlands) (represented by: A. Padial Martinez, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of OHIM of 16 December (Case R 225/2013-5), concerning opposition proceedings between Cadbury Netherlands International Holdings B V and Mederer GmbH.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Mederer GmbH to pay the costs.
____________1 OJ C 245, 28.7.2014.