Judgment of the General Court of 18 October 2011 - dm-drogerie markt v OHIM - Semtee (caldea)
(Community trade mark - Opposition proceedings - Application for registration of the Community figurative mark caldea - Earlier international word mark BALEA - Relative ground for refusal - No likelihood of confusion - No similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: dm-drogerie markt GmbH & Co. KG (Karlsruhe, Germany) (represented by: O. Bludovsky and P. Hiller, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Semtee (Escaldes Engornay, Andorra) (represented by: É. Guissart, lawyer)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 29 April 2010 (Case R 899/2009-1), relating to opposition proceedings between dm-drogerie markt GmbH & Co. KG and Semtee.
Operative part of the judgment
The Court:
Dismisses the action;
Orders dm-drogerie markt GmbH & Co. KG to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), in addition to bearing its own costs;
Orders each party to bear its own costs relating to the intervention of Semtee.
____________1 - OJ C 260, 25.9.2010.