Language of document :

Judgment of the General Court of 7 February 2013 - AMC-Representações Têxteis v OHIM - MIP Metro (METRO KIDS COMPANY)

(Case T-50/12) 

(Community trade mark - Opposition proceedings - Application for Community figurative mark METRO KIDS COMPANY - Earlier international figurative mark METRO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

Language of the case: English

Parties

Applicant: AMC-Representações Têxteis Lda (Taveiro, Portugal) (represented by: V. Caires Soares, 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, intervener before the General Court: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by: J.-C. Plate and R. Kaase, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 24 November 2011 (Case R 2314/2010-1), concerning opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and AMC-Representações Têxteis Lda.

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders AMC-Representações Têxteis Lda to pay the costs.

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1 - OJ C 109, 14.4.2012.