Judgment of the General Court of 7 February 2012 - Hartmann-Lamboy v OHIM - Diptyque (DYNIQUE)
(Case T-305/10)
(Community trade mark - Opposition proceedings - Application for Community word mark DYNIQUE - Earlier Community word mark DIPTYQUE - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Marlies Hartmann-Lamboy (Westerburg, Germany) (represented by: R. Loos, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by A. Pohlmann and subsequently by G. Schneider, Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Diptyque SAS (Paris, France)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 7 May 2010 (Case R 1217/2009-1) concerning opposition proceedings between Diptyque SAS and Ms Marlies Hartmann-Lamboy.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Ms Marlies Hartmann-Lamboy to pay the costs.
____________1 - OJ C 288, 23.10.2010.