7.7.2012
EN
Official Journal of the European Union
C 200/15
Judgment of the General Court of 22 May 2012 — Asa v OHIM — Merck (FEMIFERAL)
(Case T-110/11) (1)
(Community trade mark - Opposition proceedings - Application for Community word mark FEMIFERAL - Earlier national word mark Feminatal and earlier national figurative mark feminatal - Relative ground for refusal - Similarity of the signs - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2012/C 200/30
Language of the case: Polish
Parties
Applicant: Asa sp. z o.o. (Głubczyce, Poland) (represented by: M. Chimiak, lawyer)
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: Merck sp. z o.o. (Warsaw, Poland)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 19 November 2010 (Case R 182/2010-1) relating to opposition proceedings between Merck sp. z o.o. and Asa sp. z o.o.
Operative part of the judgment
The Court:
1.
Dismisses the action;
2.
Orders Asa sp. z o.o. to pay the costs.
(1) OJ C 139, 7.5.2011.
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