Judgment of the General Court (Sixth Chamber) of 29 March 2012 — Omya v OHIM – Alpha Calcit (CALCIMATT)

(Case T-547/10)

Community trade mark — Opposition proceedings — Application for Community word mark CALCIMATT — Prior Community word mark CALCILAN — Relative grounds for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 — Refusal of registration

Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 26, 36)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 16 September 2010 (Case R 1370/2009-1) concerning opposition proceedings between Alpha Calcit Füllstoffgesellschaft mbH and Omya AG.

Operative part

The Court:

1. Dismisses the action;

2. Orders Omya AG to pay the costs.