Judgment of the General Court of 21 January 2015 — Schwerdt v OHIM — Iberamigo (cat & clean)
(Case T-587/13) 1
(Community trade mark — Opposition proceedings — Application for figurative Community mark cat & clean — Prior Spanish word mark CLEAN CAT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Obstacles to the free movement of goods — Article 34 TFEU — Article 16 of the Charter of Fundamental Rights)
Language of the case: German
Parties
Applicant: Miriam Schwerdt (Porta-Westfalica, Germany) (represented by: K. Kruse, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Poch, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Iberamigo, SA (Rubi, Spain)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 September 2013 (Case R 1799/2012-4) concerning opposition proceedings between Iberamigo, SA and Ms Miriam Schwerdt.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Ms Miriam Schwerdt to pay the costs.
________________________1 OJ C 24, 25.1.2014.