CELEX: 62009TJ0060
Community trade mark
Opposition proceedings
Application for community figurative mark stabilator
Earlier Community word mark STABILAT
Relative ground for refusal
No likelihood of confusion
No similarity of goods and services
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 Fourth Board of Appeal of OHIM of 16 December 2008 (Cases R 483/2008-4 and R 705/2008-4),
relating to opposition proceedings between Herhof-Verwaltungsgesellschaft mbH and Stabilator sp. z o.o.
Information relating to the case
Applicant for the Community trade mark:
Stabilator sp. z o.o.
Community trade mark sought:
Figurative mark stabilator for goods and services in Classes 19, 37 and 42 – Application No 4068961
Proprietor of the mark or sign cited in the opposition proceedings:
Herhof-Verwaltungsgesellschaft mbH
Mark or sign cited in opposition:
Word mark STABILAT for goods in Classes 1, 7, 11, 20, 37, 40 and 42
Decision of the Opposition Division:
Opposition upheld in part and application for registration rejected in part
Decision of the Board of Appeal:
Contested decision dismissed in part and opposition dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Herhof-Verwaltungsgesellschaft mbH to pay the costs.