26.1.2013
EN
Official Journal of the European Union
C 26/44
Judgment of the General Court of 28 November 2012 — Bauer v OHIM — BenQ Materials (Daxon)
(Case T-29/12) (1)
(Community trade mark - Opposition proceedings - Application for Community word mark Daxon - Earlier Community word mark DALTON - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 26/85
Language of the case: German
Parties
Applicant: Erika Bauer (Schaufling, Germany) (represented by: A. Merz, 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: BenQ Materials Corp. (Gueishan Taoyuan, Taiwan)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 9 November 2011 (Case R 2191/2010-2) relating to opposition proceedings between Mrs Erika Bauer and BenQ Materials Corp.
Operative part of the judgment
The Court:
1.
Alva Management GmbH is granted leave to be substituted for Mrs Erika Bauer as applicant;
2.
The action is dismissed.
3.
Alva Management is ordered to pay the costs.
(1) OJ C 80, 17.3.2012.
Full & Egal Universal Law Academy