Judgment of the General Court of 29 January 2013 - Müller v OHIM - Loncar (Sunless)
(Case T-662/11)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark Sunless - Earlier Community word marks SUNLESS and LONCAR-SUNLESS - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Thomas Müller (Gütersloh, Germany) (represented by: J. Schmidt, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Loncar, SL (Sabadell, Spain)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 27 September 2011 (Case R 2508/2010-2), relating to opposition proceedings between Loncar, SL and Mr Thomas Müller
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Thomas Müller to pay the costs.
____________1 - OJ C 49, 18.2.2012.