Judgment of the General Court of 16 November 2011 - Chabou v OHIM - Chalou (CHABOU)
(Case T-323/10)
(Community trade mark - Opposition proceedings - Application for the Community word mark CHABOU - Earlier national and international word marks Chalou - Refusal to register - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 12(a) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Chickmouza Chabou (Rheine, Germany) (represented by: K.-J. Triebold, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Chalou GmbH (Herschweiler-Pettersheim, Germany) (represented by: T. Träger, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 20 May 2010 (Case R 1165/2009-1), relating to opposition proceedings between Chalou GmbH and Chickmouza Chabou
Operative part of the judgment
The Court:
1. dismisses the action;
2. orders Mr Chickmouza Chabou to pay the costs.
____________1 - OJ C 288, 23.10.2010.