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29.6.2015 |
EN |
Official Journal of the European Union |
C 213/28 |
Judgment of the General Court of 13 May 2015 — Harper Hygienics v OHIM — Clinique Laboratories (CLEANIC Kindii)
(Case T-364/12) (1)
((Community trade mark - Opposition proceedings - Application for the Community figurative mark CLEANIC Kindii - Earlier Community word marks CLINIQUE - Relative grounds for refusal - Likelihood of confusion - Similarity of the goods and services - Article 8(1)(b) of Regulation (EC) No 207/2009 - Unfair advantage taken of the distinctive character or the repute of the earlier marks - Article 8(5) of Regulation No 207/2009))
(2015/C 213/48)
Language of the case: Polish
Parties
Applicant: Harper Hygienics S.A. (Warsaw, Poland) (represented by: initially R. Rumpel, and subsequently D. Rzążewska and G. Pietras, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Clinique Laboratories, LLC (Wilmington, Delaware, United States) (represented by: initially V. von Bomhard and A. Renck, lawyers, and K. Hughes, Solicitor, and subsequently K. Hughes)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 17 May 2012 (Case R 1135/2011-1), relating to opposition proceedings between Clinique Laboratories, LLC and Harper Hygienics S.A.
Operative part of the judgment
The Court:
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1. |
dismisses the action; |
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2. |
orders Harper Hygienics S.A. to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Clinique Laboratories, LLC. |