Community trade mark Opposition proceedings Relative ground for refusal No likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94 Application for the Community figurative mark POLARIS Earlier Community word mark POLAR
Sumário
Judgment of the Court of First Instance (Sixth Chamber) of 26 June 2008.
SHS Polar Sistemas Informáticos, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community figurative mark POLARIS - Earlier Community word mark POLAR - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-79/07.
Texto da decisão
Judgment of the Court of First Instance (Sixth Chamber) of 26 June 2008 – SHS Polar Sistemas Informáticos v OHIM – Polaris Software Lab (POLARIS)
(Case T-79/07)
Community trade mark – Opposition proceedings – Application for the Community figurative mark POLARIS – Earlier Community word mark POLAR – Relative ground for refusal – No 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 48, 50-51)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 8 January 2007 (Case R 658/2006-2) relating to opposition proceedings between SHS Polar Sistemas Informáticos SL and Polaris Software Lab Ltd. |
Information relating to the case
|
Applicant for the Community trade mark: |
Polaris Software Lab Ltd |
|
Community trade mark sought: |
Figurative mark POLARIS for goods and services in Classes 9 and 42 – Application No 3267713 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
SHS Polar Sistemas Informáticos, SL |
|
Mark or sign cited in opposition: |
Community word mark POLAR for goods and services in Classes 9, 38 and 42 |
|
Decision of the Opposition Division: |
Opposition upheld in respect of all the goods at issue in Class 9 |
|
Decision of the Board of Appeal: |
Decision of the Opposition Division annulled |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders SHS Polar Sistemas Informáticos, SL to pay the costs. |