CELEX: 62009TJ0112
Community trade mark
Opposition proceedings
Application for Community word mark ICEBREAKER
Earlier national word mark ICEBERG
Relative ground for refusal
Likelihood of confusion
Partial refusal to register
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 January 2009 (Case R 1536/2007-4) relating
to opposition proceedings between Gilmar SpA and Icebreaker Ltd.
Information relating to the case
Applicant for the Community trade mark:
Icebreaker Ltd
Community trade mark sought:
Word mark ICEBREAKER for goods in Classes 9, 24 and 25 – Application No 3205523
Proprietor of the mark or sign cited in the opposition proceedings:
Gilmar SpA
Mark or sign cited in opposition:
Italian trade mark registration of the word mark ICEBERG for goods in Class 25; international trade mark registration of the
word mark ICEBERG for goods in Class 25; Spanish trade mark registration of the word mark ICEBERG for goods in Class 25; Italian
trade mark registration of the word mark ICE for goods in Class 25; international trade mark registration of the word mark
ICE for goods in Class 25
Decision of the Opposition Division:
Opposition partially upheld
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Icebreaker Ltd to pay the costs.