CELEX: 62008TJ0557
Community trade mark
Opposition proceedings
Application for Community figurative mark M PAY
Earlier Community and national word marks MPAY24
Likelihood of confusion
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 First Board of Appeal of OHIM of 30 September 2008 (Case R 221/2007‑1) relating
to opposition proceedings between mPAY24 GmbH and Ultra d.o.o. Proizvodnja elektronskih naprav.
Information relating to the case
Applicant for the Community trade mark:
Ultra d.o.o. Proizvodnja elektronskih naprav
Community trade mark sought:
Figurative mark MPAY for goods and services in Classes 9, 35 to 38 and 42 – Application No 3587896
Proprietor of the mark or sign cited in the opposition proceedings:
mPAY24 GmbH
Mark or sign cited in opposition:
Community trade mark registration No 2061656 of the word mark MPAY24 for goods and services in Classes 9, 16, 35, 36 and 38;
Austrian trade mark registration No 200373 of the word mark MPAY24 for goods and services in Classes 9, 16, 35, 36 and 38
Decision of the Opposition Division:
Trade mark application dismissed in its entirety
Decision of the Board of Appeal:
Appeal dismissed in part
Operative part
The Court:
1.
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 30 September 2008 (Case R 221/2007‑1) in so far as that decision dismissed the opposition brought by mPAY24 GmbH;
2.
Orders OHIM to pay the costs.