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) Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009) Application for the Community figurative mark nollie Earlier national and international word marks NOLI No similarity between the goods
Sumário
Judgment of the General Court (Fourth Chamber) of 24 March 2010.
2nine Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community figurative mark nollie - Earlier national and international word marks NOLI - Relative ground for refusal - No similarity between the goods - 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) - Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009).
Case T-363/08.
Texto da decisão
Judgment of the General Court (Fourth Chamber) of 24 March 2010 – 2nine v OHIM – Pacific Sunwear of California (nollie)
(Case T-363/08)
Community trade mark – Opposition proceedings – Application for the Community figurative mark nollie – Earlier national and international word marks NOLI – Relative ground for refusal – No similarity between the goods – 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) – Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation 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, 43)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 16 June 2008 (Case R 1590/2007-2), relating to opposition proceedings between 2nine Ltd and Pacific Sunwear of California, Inc. |
Information relating to the case
|
Applicant for the Community trade mark: |
Pacific Sunwear of California, Inc. |
|
Community trade mark sought: |
Figurative mark nollie for goods and services in Classes 3, 9, 11, 14, 18, 20, 25 and 26 – application No 4602017 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
2nine Ltd |
|
Mark or sign cited in opposition: |
International trade mark registration No 839740 of the word mark NOLI for goods in Classes 3, 18, 24 and 25; United Kingdom trade mark registration No 2361525 of the word mark NOLI for goods in Classes 3, 18, 24 and 25 |
|
Decision of the Opposition Division: |
Opposition upheld; trade mark application refused |
|
Decision of the Board of Appeal: |
Contested decision partially annulled |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders 2nine Ltd to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). |