CELEX: 62009TJ0461
Community trade mark
Opposition proceedings
Application for the Community figurative mark Cheapflights with a black aeroplane
Earlier international figurative mark CheapFlights
Relative ground for refusal
Likelihood of confusion
Similarity of the signs
Article 8(1)(b) of Regulation (EC) No 207/2009

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 31 August 2009 (Case R 1607/2007-4), relating
to opposition proceedings between CheapFlights International Ltd and Cheapflights Ltd.
Information relating to the case
Applicant for the Community trade mark:
Cheapflights Ltd
Community trade mark sought:
Figurative mark Cheapflights with a black aeroplane for services in Classes 38, 39 and 41 to 44
Proprietor of the mark or sign cited in the opposition proceedings:
CheapFlights International Ltd
Mark or sign cited in opposition:
Irish trade mark registration of the figurative sign in colour CheapFlights for services in Classes 35, 36, 38, 39 and 41
to 44; Irish trade mark application for the word mark CHEAPFLIGHTS for services in Classes 35, 39 and 43; Irish trade mark
registration of the word mark CHEAPFLIGHTS for services in Classes 38, 41, 42 and 44; Irish trade mark registration of the
figurative sign CheapFlights.ie for services in Classes 35, 39, 41 to 43; International trade mark registration of the figurative
sign CheapFlights for services in Classes 35, 38, 39 and 42
Decision of the Opposition Division:
Opposition upheld in its entirety
Decision of the Board of Appeal:
Contested decision annulled; opposition dismissed in its entirety
Operative part
The Court:
1.
Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) of 31 August 2009 (Case R 1607/2007-4);
2.
Dismisses the action as to the remainder;
3.
Orders OHIM and Cheapflights Ltd to pay the costs including those incurred by CheapFlights International Ltd in the proceedings
before the Board of Appeal.