Judgment of the General Court of 13 December 2012 - Natura Selection v OHIM - Ménard (natura)

(Case T-461/11) 

(Community trade mark - Opposition proceedings - Application for Community figurative mark natura - Prior Community word mark NATURA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

Language of the case: Spanish

Parties

Applicant: Natura Selection, SL (Barcelona, Spain) (represented by: E. Sugrañes Coca, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo and D. Botis, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Ernest Ménard SA (Bourseul, France)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 June 2011 (Case R 2454/2010-2) concerning opposition proceedings between Ernest Ménard SA and Natura Selection, SL.

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders Natura Selection, SL to pay the costs.

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¹ - OJ C 340, 19.11.2011.