CELEX: 62007TJ0290
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

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
Community trade mark sought:
Figurative mark METRONIA for goods in Class 9 and services in Classes 20, 28 and 41 – Application No 3387834
Proprietor of the mark or sign cited in the opposition proceedings:
MIP Metro Group Intellectual Property GmbH & Co. KG
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
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.