Judgment of the General Court of 5 July 2012 - Comercial Losan v OHIM - McDonald's International Property (Mc. Baby)
(Case T-466/09)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark Mc. Baby - Earlier Community figurative mark Mc Kids. always quality. always fun! - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: Spanish
Parties
Applicant: Comercial Losan, SLU (Zaragoza, Spain) (represented by: A. Vela Ballesteros, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: McDonald's International Property Co. Ltd (Wilmington, Delaware, United States)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 1 September 2009 (Case R 1706/2008-1) concerning opposition proceedings between McDonald's International Property Co. Ltd and Comercial Losan, SLU.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Comercial Losan, SLU to pay the costs.
____________1 - OJ C 24, 30.1.2010.