Judgment of the General Court (Third Chamber) of 25 May 2011.#São Paulo Alpargatas, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community trade mark - Opposition proceedings - Application for Community figurative mark BAHIANAS LAS ORIGINALES - Earlier Community and national figurative trade marks havaianas and earlier national word mark HAVAIANAS - Relative ground for refusal - Likelihood of confusion - Similarity of signs - Article 8(1)(b) of Regulation (EC) No 207/2009.#Case T-422/09.

Subject of the case

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 17 August 2009 (Case R 1477/2008-2), concerning opposition proceedings between São Paulo Alpargatas, SA and Enrique Fischer.

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 17 August 2009 (Case R 1477/2008-2);

2. Orders OHIM to pay its own costs and the costs incurred by São Paulo Alpargatas, SA;

3. Orders Enrique Fischer to pay his own costs.