Community trade mark Opposition proceedings No likelihood of confusion Relative grounds for refusal Rights of the defence Duty to state reasons Lack of similarity between the signs Application for Community figurative mark A+ Earlier Community word mark AirPlus International Articles 8(1)(b) and (5), 73, 74 and 79 of Regulation (EC) No 40/94 (now Articles 8(1)(b) and (5), 75, 76 and 83 of Regulation (EC) No 207/2009)
Sumário
Judgment of the General Court (Sixth Chamber) of 3 March 2010.
Lufthansa AirPlus Servicekarten GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community figurative mark A+ - Earlier Community word mark AirPlus International - Relative grounds for refusal - No likelihood of confusion - Lack of similarity between the signs - Duty to state reasons - Rights of the defence - Articles 8(1)(b) and (5), 73, 74 and 79 of Regulation (EC) No 40/94 (now Articles 8(1)(b) and (5), 75, 76 and 83 of Regulation (EC) No 207/2009).
Case T-321/07.
Texto da decisão
Judgment of the General Court (Sixth Chamber) of 3 March 2010 – Lufthansa AirPlus Servicekarten v OHIM – Applus Servicios Tecnológicos (A+)
(Case T-321/07)
Community trade mark – Opposition proceedings – Application for Community figurative mark A+ – Earlier Community word mark AirPlus International – Relative grounds for refusal – No likelihood of confusion – Lack of similarity between the signs – Duty to state reasons – Rights of the defence – Articles 8(1)(b) and (5), 73, 74 and 79 of Regulation (EC) No 40/94 (now Articles 8(1)(b) and (5), 75, 76 and 83 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 30, 43)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 7 June 2007 (Case R 310/2006-2), relating to opposition proceedings between Lufthansa AirPlus Servicekarten GmbH and Applus Servicios Tecnológicos, SL. |
Information relating to the case
|
Applicant for the Community trade mark: |
Applus Servicios Tecnológicos, SL |
|
Community trade mark sought: |
Figurative trade mark ‘A+’ for goods and services in Classes 9, 35, 36, 37, 40, 41 and 42 – application No 2933356 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Lufthansa AirPlus Servicekarten GmbH |
|
Mark or sign cited in opposition: |
Community word mark Airplus International for goods and services in Classes 9, 35, 36 and 42 |
|
Decision of the Opposition Division: |
Opposition dismissed |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
1. Dismisses the action;
2. Orders Lufthansa AirPlus Servicekarten GmbH to bear its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);
3. Orders Applus Servicios Tecnológicoas, SL to bear its own costs.