CELEX: 62006TJ0400
Community trade mark
Opposition proceedings
Application for figurative Community mark zerorh+
Earlier national figurative and word marks zero
Likelihood of confusion
Similarity of the signs
Similarity between products
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

ACTION for annulment of the decision of the First Board of Appeal of OHIM of 5 October 2006 (Case R 958/2005-1) concerning
opposition proceedings between zero Germany GmbH & Co. KG and Zero Industry Srl.
Information relating to the case
Applicant for the Community trade mark:
Zero Industry Srl
Community trade mark sought:
Figurative mark ‘zerorh+’ for goods in Classes 9, 18 and 25 – Application No 2004547
Proprietor of the mark or sign cited in the opposition proceedings:
zero Germany GmbH & Co. KG, formerly zero International Holding GmbH & Co. KG
Mark or sign cited in opposition:
The national figurative mark ‘zero’ for goods in Classes 18 and 25 and the national word mark ‘zero’ for goods in Class 9
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.      Dismisses the action;
2.      Orders Zero Industry Srl to pay the costs.