CELEX: 62010TJ0542
Community trade mark
Opposition proceedings
Application for Community word mark CIRCON
Prior Community word mark CIRCULON
Relative ground for refusal
Likelihood of confusion
Similarity of the signs
Highly distinctive character
Goodwill
Article 8(1)(b) of Regulation (EC) No 207/2009
Procedure before the Board of Appeal
Rights of the defence
Articles 75 and 76 of Regulation No 207/2009

ACTION brought against the decision of the First Board of Appeal of OHIM of 3 September 2010 (Case R 40/2010-1) concerning
opposition proceedings between Meyer Manufacturing Co. Ltd and XXXLutz Marken GmbH.
Operative part
The Court:
1.
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 3 September 2010 (Case R 40/2010-1);
2.
Orders OHIM to bear its own costs and to pay those incurred by XXXLutz Marken GmbH;
3.
Orders Meyer Manufacturing Co. Ltd to bear its own costs.