Judgment of the General Court (Sixth Chamber) of 13 September 2010.#The Procter & Gamble Company v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community trade mark - Opposition proceedings - Application for Community word mark P&G PRESTIGE BEAUTE - Earlier national figurative marks Prestige - Partial refusal to register - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).#Case T-366/07.

Subject of the case

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 19 July 2007 (Case R 681/2006-2) relating to opposition proceedings between Prestige Cosmetics Srl and The Procter & Gamble Company.

Information relating to the case

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Operative part

Operative part

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 July 2007 (Case R 681/2006-2);

2. Orders OHIM to pay, in addition to its own costs, the costs incurred by The Procter & Gamble Company in the proceedings before the Court;

3. Orders Prestige Cosmetics SpA to pay, in addition to its own costs, the costs incurred by The Procter & Gamble Company in the proceedings before the Board of Appeal;

4. Dismisses the action as to the remainder.