CELEX: 62007TJ0321
Community trade mark
Opposition proceedings
Application for Community figurative mark A+
Earlier Community word mark AirPlus International
Relative grounds for refusal
No likelihood of confusion
Lack of similarity between the signs
Duty to state reasons
Rights of the defence
Articles 8(1)(b) and (5), 73, 74 and 79 of Regulation (EC) No 40/94 (now Articles 8(1)(b) and (5), 75, 76 and 83 of Regulation (EC) No 207/2009)

ACTION brought against the decision of the Second Board of Appeal of OHIM of 7 June 2007 (Case R 310/2006-2), relating to
opposition proceedings between Lufthansa AirPlus Servicekarten GmbH and Applus Servicios Tecnológicos, SL.
Information relating to the case
Applicant for the Community trade mark:
Applus Servicios Tecnológicos, SL
Community trade mark sought:
Figurative trade mark ‘A+’ for goods and services in Classes 9, 35, 36, 37, 40, 41 and 42 – application No 2933356
Proprietor of the mark or sign cited in the opposition proceedings:
Lufthansa AirPlus Servicekarten GmbH
Mark or sign cited in opposition:
Community word mark Airplus International for goods and services in Classes 9, 35, 36 and 42
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 Lufthansa AirPlus Servicekarten GmbH to bear its own costs and those incurred by the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM);
3.      Orders Applus Servicios Tecnológicoas, SL to bear its own costs.