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 figurative mark stabilator Earlier Community word mark STABILAT No similarity of goods and services
Sumário
Judgment of the General Court (Fourth Chamber) of 7 July 2010.
Herhof-Verwaltungsgesellschaft mbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for community figurative mark stabilator - Earlier Community word mark STABILAT - Relative ground for refusal - No likelihood of confusion - No similarity of goods and services - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
Case T-60/09.
Texto da decisão
Judgment of the General Court (Fourth Chamber) of 7 July 2010 – Herhof v OHIM – Stabilator (stabilator)
(Case T-60/09)
Community trade mark – Opposition proceedings – Application for community figurative mark stabilator – Earlier Community word mark STABILAT – Relative ground for refusal – No likelihood of confusion – No similarity of goods and services – 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 para. 51)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 16 December 2008 (Cases R 483/2008-4 and R 705/2008-4), relating to opposition proceedings between Herhof-Verwaltungsgesellschaft mbH and Stabilator sp. z o.o. |
Information relating to the case
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Applicant for the Community trade mark: |
Stabilator sp. z o.o. |
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Community trade mark sought: |
Figurative mark stabilator for goods and services in Classes 19, 37 and 42 – Application No 4068961 |
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Proprietor of the mark or sign cited in the opposition proceedings: |
Herhof-Verwaltungsgesellschaft mbH |
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Mark or sign cited in opposition: |
Word mark STABILAT for goods in Classes 1, 7, 11, 20, 37, 40 and 42 |
|
Decision of the Opposition Division: |
Opposition upheld in part and application for registration rejected in part |
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Decision of the Board of Appeal: |
Contested decision dismissed in part and opposition dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Herhof-Verwaltungsgesellschaft mbH to pay the costs. |