Judgment of the General Court of 10 December 2013 – Colgate-Palmolive Company v OHIM – dm-drogerie markt (360° SONIC ENERGY)
(Case T-467/11) 1
(Community trade mark – Opposition proceedings – Application for the Community word mark 360° SONIC ENERGY – Earlier international word mark SONIC POWER – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Colgate-Palmolive Company (New York, New York, United States of America) (represented by: M. Zintler and G. Schindler, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: dm-drogerie markt GmbH & Co. KG (Karlsruhe, Germany)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 25 May 2011 (Case R 1094/2010-2), concerning opposition proceedings between dm-drogerie markt GmbH & Co. KG and Colgate-Palmolive Company.
Operative part of the judgment
The Court:
Dismisses the action;
2. Orders Colgate-Palmolive Company to pay the costs.
________________________1 OJ C 319 of 29.10.2011.