Judgment of the General Court of 29 March 2012 - Omya v OHIM - Alpha Calcit (CALCIMATT)
(Case T-547/10)
(Community trade mark - Opposition proceedings - Application for Community word mark CALCIMATT - Prior Community word mark CALCILAN - Relative grounds for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 - Refusal of registration)
Language of the case: German
Parties
Applicant: Omya AG (Oftringen, Switzerland) (represented by: F. Kuschmirek and V. Dalichau, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: D. Botis; subsequently by: R. Manea; and finally by: G. Schneider, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Alpha Calcit Füllstoffgesellschaft mbH (Cologne, Germany) (represented by: F. Hauck, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 16 September 2010 (Case R 1370/2009-1) concerning opposition proceedings between Alpha Calcit Füllstoffgesellschaft mbH and Omya AG.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Omya AG to pay the costs.
____________1 - OJ C 30, 29.1.2011.