CELEX: 62008TJ0072
Community trade mark
Opposition proceedings
Application for the Community figurative mark smartWings
Earlier national and international word and figurative marks EUROWINGS and EuroWings
Relative ground for refusal
Likelihood of confusion
Similarity of the signs
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
Obligation to state the reasons on which the decision is based
Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009)
Article 79 of Regulation No 40/94 (now Article 83 of Regulation No 207/2009)

ACTION brought against the decision of the Second Board of Appeal of OHIM of 21 November 2007 (Case R 1515/2006-2), relating
to opposition proceedings between Eurowings Luftverkehrs AG and Travel Service a.s.
Information relating to the case
Applicant for the Community trade mark:
Travel Service, a.s.
Community trade mark sought:
Figurative Community trade mark smartWings for goods and services in Classes 16, 21, 37, 39, 41 and 43 – Application No 3650595
Proprietor of the mark or sign cited in the opposition proceedings:
Eurowings Luftverkehrs AG
Mark or sign cited in opposition:
National and international word mark EuroWings for goods and services in Classes 16 and 41, the national and international
word mark EUROWINGS for goods and services in Classes 39 and 42 and the national word mark WINGSGLASS for goods and services
in Classes 16, 39, 41 and 42
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 Travel Service a.s. to pay, in addition to its own costs, the costs of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) and Eurowings Luftverkehrs AG.