Community trade mark Opposition proceedings Relative ground for refusal Likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94 Application for Community figurative trade mark METRONIA Earlier national figurative trade mark METRO
Sumário
Judgment of the Court of First Instance (Eighth Chamber) of 10 December 2008.
MIP Metro Group Intellectual Property GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community figurative trade mark METRONIA - Earlier national figurative trade mark METRO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-290/07.
Texto da decisão
Judgment of the Court of First Instance (Eighth Chamber) of 10 December 2008 – MIP Metro v OHIM – Metronia (METRONIA)
(Case T-290/07)
Community trade mark – Opposition proceedings – Application for Community figurative trade mark METRONIA – Earlier national figurative trade mark METRO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94
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 37-38, 51, 55-56)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 May 2007 (Case R 1315/2006-2), relating to opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and Metronia, SA. |
Information relating to the case
|
Applicant for the Community trade mark: |
Metronia, SA |
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Community trade mark sought: |
Figurative mark METRONIA for goods in Class 9 and services in Classes 20, 28 and 41 – Application No 3387834 |
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Proprietor of the mark or sign cited in the opposition proceedings: |
MIP Metro Group Intellectual Property GmbH & Co. KG |
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Mark or sign cited in opposition: |
National figurative mark METRO for goods and services, inter alia, in Classes 9, 20, 28 and 41 |
|
Decision of the Opposition Division: |
Opposition upheld, registration refused |
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Decision of the Board of Appeal: |
Opposition dismissed; registration allowed |
Operative part
The Court:
|
1. |
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 29 May 2007 (Case R 1315/2006-2); |
|
2. |
Orders OHIM to bear its own costs and to pay the costs incurred by MIP Metro Group Intellectual Property GmbH & Co. KG; |
|
3. |
Orders Metronia SA to bear its own costs. |