Judgment of the General Court of 19 January 2012 -Shang v OHIM (justing)

(Case T-103/11) 

(Community trade mark - Application for the Community figurative mark 'justing' - Earlier national figurative mark JUSTING - Seniority of the earlier national mark claimed - Signs not identical - Article 34 of Regulation (EC) No 207/2009)

Language of the case: Italian

Parties

Applicant: Tiantian Shang (Rome, Italy) (represented by: A. Salerni, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Mannucci, Agent)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 14 December 2010 (Case R 1388/2010-2), relating to a claim of seniority of the national figurative mark JUSTING held by Mrs Tiantian Shang.

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders Mrs Tiantian Shang to pay the costs.

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¹ - OJ C 113, 9.4.2011.