Judgment of the General Court (Second Chamber) of 18 October 2011.#dm-drogerie markt GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community trade mark - Opposition proceedings - Application for registration of the Community figurative mark caldea - Earlier international word mark BALEA - Relative ground for refusal - No likelihood of confusion - No similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009.#Case T-304/10.

Subject of the case

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 29 April 2010 (Case R 899/2009-1), relating to opposition proceedings between dm‑drogerie markt GmbH & Co. KG and Semtee.

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders dm-drogerie markt GmbH & Co. KG to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), in addition to bearing its own costs;

3. Orders each party to bear its own costs relating to the intervention of Semtee.