Judgment of the General Court of 28 November 2012 - Bauer v OHIM - BenQ Materials (Daxon)
(Case T-29/12)
(Community trade mark - Opposition proceedings - Application for Community word mark Daxon - Earlier Community word mark DALTON - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Erika Bauer (Schaufling, Germany) (represented by: A. Merz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: BenQ Materials Corp. (Gueishan Taoyuan, Taiwan)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 9 November 2011 (Case R 2191/2010-2) relating to opposition proceedings between Mrs Erika Bauer and BenQ Materials Corp.
Operative part of the judgment
The Court:
1. Alva Management GmbH is granted leave to be substituted for Mrs Erika Bauer as applicant;
2. The action is dismissed.
3. Alva Management is ordered to pay the costs.
____________1 - OJ C 80, 17.3.2012.