Community trade mark Opposition proceedings Relative ground for refusal Lack of similarity of the goods and of the services Article 8(1)(b) of Regulation (EC) No 207/2009 Application for Community figurative mark Wind Earlier national figurative mark Wind
Sumário
Judgment of the General Court (Eighth Chamber) of 15 December 2010.
Harry Wind v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community figurative mark Wind - Earlier national figurative mark Wind - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Lack of similarity of the goods and of the services.
Case T-451/09.
Texto da decisão
Judgment of the General Court (Eighth Chamber) of 15 December 2010 – Wind v OHIM – Sanyang Industry (Wind)
(Case T-451/09)
Community trade mark – Opposition proceedings – Application for Community figurative mark Wind – Earlier national figurative mark Wind – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 – No similarity of goods and services
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 207/2009, Art. 8(1)(b)) (see points 21, 23-32)
Re:
| ACTION against the decision of the Fourth Board of Appeal of OHIM of 3 September 2009 (Case R 1470/2008-4), relating to opposition proceedings between Mr Harry Wind and Sanyang Industry Co., Ltd. |
Information relating to the case
|
Applicant for the Community trade mark: |
Sanyang Industry Co., Ltd |
|
Community trade mark sought: |
Figurative mark Wind for goods and services in Classes 11, 12 and 37 – Application No 3362605 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Harry Wind |
|
Mark or sign cited in opposition: |
German trade mark registration of the figurative mark Wind for services in Class 37 |
|
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 Mr Harry Wind to pay the costs. |