Language of document :

Judgment of the General Court of 16 January 2014 – Message Management v OHIM – Absacker (ABSACKER of Germany)

(Case T-304/12) 1

(Community trade mark – Opposition proceedings – Application for Community figurative mark ABSACKER of Germany – Earlier national figurative mark ABSACKER – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009)

Language of the case: German

Parties

Applicant: Message Management GmbH (Wiesbaden, Germany) (represented by: C. Konle, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Pohlmann, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Absacker GmbH (Cologne, Germany)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 21 March 2012 (case R 1028/2011-1), relating to opposition proceedings between Absacker GmbH and Message Management GmbH.

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders Message Management GmbH to pay the costs.

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1     OJ C 273, 8.9.2012.