Language of document :

Judgment of the General Court of 21 March 2011 - Visti Beheer v OHIM - Meister (GOLD MEISTER)

(Case T-372/09) 1

(Community trade mark - Opposition proceedings - Application for figurative Community trade mark GOLD MEISTER - Earlier national and Community trade marks MEISTER - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

Language of the case: German

Parties

Applicant: Visti Beheer BV (Helmond, The Netherlands) (represented by: A. Herbetz, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Meister & Co. AG (Wollerau, Switzerland) (represented by: V. Knies, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 26 June 2009 (Case R 1465/2008-1) concerning opposition proceedings between Meister & Co. AG and Visti Beheer BV

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders Visti Beheer BV to bear its own costs and pay those incurred by OHIM;

3.    Orders Meister & Co. AG to bear its own costs.

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1 - OJ C 282, 21.11.2009.