Judgment of the General Court of 15 May 2012 - Ewald v OHIM - Kin Cosmetics (Keen)
(Case T-280/11)
(Community trade mark - Opposition proceedings - Application for the Community word mark Keen - Community figurative mark KIN - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Rita Ewald (Frauenwald, Germany) (represented by: S. Reinhardt, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Kin Cosmetics, S.A. (Sant Feliu de Guixols, Spain)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 3 March 2011 (Case R 1383/2010-1), relating to opposition proceedings between Kin Cosmetics, S.A. and Ms Rita Ewald
Operative part of the judgment
The Court:
1. dismisses the action;
2. orders Ms Rita Ewald to pay the costs.
____________1 - OJ C 238, 13.8.2011.