CELEX: 62009TJ0382
Community trade mark
Opposition proceedings
Application for Community word mark ERGO
Prior Community and national word marks CERGO
Relative ground for refusal
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 207/2009
Duty to rule on the entirety of the action
Scope of the examination to be carried out by the Board of Appeal
Article 64(1) of Regulation No 207/2009

ACTION against the decision of the Fourth Board of Appeal of OHIM of 23 July 2009 (Case R 44/2008‑4) concerning opposition
proceedings between DeguDent GmbH and Ergo Versicherungsgruppe AG.
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 23 July 2009 (Case R 44/2008‑4) in so far as the Board of Appeal omitted to rule on the action brought
before it as regards goods in Class 5;
2.
Dismisses the remainder of the action;
3.
Orders Ergo Versicherungsgruppe AG, DeguDent Gmbh and OHIM each to bear their own costs.