Judgment of the General Court of 21 June 2012 - Kavaklidere-Europe v OHIM - Yakult Honsha (Yakut)
(Case T-276/09)
(Community trade mark - Opposition proceedings - Application for the Community word mark Yakut - Earlier Community figurative mark Yakult - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Kavaklidere-Europe (Schoten, Belgium) (represented: initially by J. Vercraeye and I. Tytgat, and subsequently by J. Vercraeye and B. De Vuyst, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Yakult Honsha Kabushiki Kaisha (Tokyo, Japan) (represented by M. Edenborough QC, P. Harris, Solicitor, and T. Elias, Barrister)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 May 2009 (Case R 1396/2008-4) concerning opposition proceedings between Yakult Honsha Kabushiki Kaisha and Kavaklidere-Europe
Operative part of the judgment
The General Court:
1. Dismisses the action;
2. Orders Kavaklidere-Europe to pay the costs.
____________1 - OJ C 244, 10.10.2009.