Community trade mark Opposition proceedings 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) Application for Community word mark PPT Earlier national figurative mark PPTV
Sumário
Judgment of the General Court (Third Chamber) of 18 February 2011.
P.P.TV - Publicidade de Portugal e Televisão, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community word mark PPT - Earlier national figurative mark PPTV - 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-118/07.
Texto da decisão
Judgment of the General Court (Third Chamber) of 18 February 2011 – P.P.TV v OHIM – Rentrak (PPT)
(Case T-118/07)
Community trade mark – Opposition proceedings – Application for Community word mark PPT – Earlier national figurative mark PPTV – 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)
Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 24, 75)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 17 January 2007 (Case R 1040/2005-1) concerning opposition proceedings between P.P.TV – Publicidade de Portugal e Televisão, SA and Rentrak Corp. |
Information relating to the case
|
Applicant for the Community trade mark: |
Rentrak Corp. |
|
Community trade mark sought: |
Word mark PPT for services in Class 41 – Application No 1758382 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
P.P.TV – Publicidade de Portugal e Televisão, SA |
|
Mark or sign cited in opposition: |
National figurative mark PPTV for services in Class 41 |
|
Decision of the Opposition Division: |
Opposition upheld and application for registration of a Community trade mark rejected |
|
Decision of the Board of Appeal: |
Annulment of the Opposition Division’s decision and rejection of the opposition |
Operative part
The Court:
|
|
1.Dismisses the action; |
|
2. |
Orders P.P.TV – Publicidade de Portugal e Televisão, SA, to pay the costs. |