Judgment of the General Court of 15 March 2011 - Ifemy's v OHIM - Dada & Co Kids (Dada & Co. kids)
(Community trade mark - Opposition proceedings - Application for Community figurative mark Dada & Co. kids - Earlier national word mark DADA - Relative ground for refusal - Absence of genuine use of the earlier mark - Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009))
Language of the case: English
Parties
Applicant: Ifemy's Holding GmbH (Munich, Germany) (represented by: H.-G. Augustinowski, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Folliard-Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Dada & Co. Kids Srl (Prato, Italy)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 27 November 2008 (Case R 911/2008-4), relating to opposition proceedings between Ifemy's Holding GmbH and Dada & Co. Kids Srl.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Ifemy's Holding GmbH to pay the costs.
____________1 - OJ C 90, 18.4.2009.