CELEX: 62009TJ0451
Community trade mark
Opposition proceedings
Application for Community figurative mark Wind
Earlier national figurative mark Wind
Relative ground for refusal
Article 8(1)(b) of Regulation (EC) No 207/2009
Lack of similarity of the goods and of the services

ACTION against the decision of the Fourth Board of Appeal of OHIM of 3 September 2009 (Case R 1470/2008-4), relating to opposition
proceedings between Mr Harry Wind and Sanyang Industry Co., Ltd.
Information relating to the case
Applicant for the Community trade mark:
Sanyang Industry Co., Ltd
Community trade mark sought:
Figurative mark Wind for goods and services in Classes 11, 12 and 37 – Application No 3362605
Proprietor of the mark or sign cited in the opposition proceedings:
Harry Wind
Mark or sign cited in opposition:
German trade mark registration of the figurative mark Wind for services in Class 37
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 Mr Harry Wind to pay the costs.