Judgment of the General Court of 22 May 2012 - Nordmilch v OHIM - Lactimilk (MILRAM)
(Case T-546/10)
(Community trade mark - Opposition proceedings - Application for Community word mark MILRAM - Earlier national word and figurative marks RAM - Relative ground for refusal - Similarity of goods and signs - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Nordmilch AG (Bremen, Germany) (represented by: R. Schneider, 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, intervener before the General Court: Lactimilk, SA (Madrid, Spain) (represented by: P. Casamitjana Lleonart, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 September 2010 (Joined Cases R 1041/2009-4 and R 1053/2009-4) relating to opposition proceedings between Lactimilk SA and Nordmilch AG.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Nordmilch AG to pay the costs.
____________1 - OJ C 30, 29.1.2011.