Community trade mark Obligation to state reasons Opposition proceedings Relative ground for refusal Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Likelihood of confusion Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) Partial refusal of registration Application for Community word mark R.U.N Earlier Community and national word marks 'ran'
Sumário
Judgment of the General Court (Sixth Chamber) of 17 December 2009.
Notartel SpA - Società informatica del Notariato v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community word mark R.U.N. - Earlier Community and national word marks 'ran' - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Obligation to state reasons - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) - Partial refusal of registration.
Case T-490/07.
Texto da decisão
Judgment of the General Court (Sixth Chamber) of 17 December 2009 – Notartel v OHIM – SAT.1 (R.U.N.)
(Case T-490/07)
Community trade mark – Opposition proceedings – Application for Community word mark R.U.N. – Earlier Community and national word marks ‘ran’ – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Obligation to state reasons – Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) – Partial refusal of registration)
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 52, 71)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 22 October 2007 (Case R 1267/2006-4) concerning opposition proceedings between SAT.1 SatellitenFernsehen GmbH and Notartel SpA – Società informatica del Notariato. |
Information relating to the case
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Applicant for the Community trade mark: |
Notartel SpA – Sociétà informatica del Notariato |
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Community trade mark sought: |
Word mark R.U.N. for services in Classes 35, 38 and 42 – Application No 1069863 |
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Proprietor of the mark or sign cited in the opposition proceedings: |
SAT.1 SatellitenFernsehen GmbH |
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Mark or sign cited in opposition: |
Community and national word mark ran, for goods and services in Classes 9, 35, 38, 41 and 42 |
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Decision of the Opposition Division: |
Opposition dismissed |
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Decision of the Board of Appeal: |
Appeal allowed in part, in respect of some services in Classes 38 and 42 |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Notartel SpA – Società informatica del Notariato to pay the costs. |