CELEX: 62009TJ0460
Community trade mark
Opposition proceedings
Application for the Community figurative mark Cheapflights
Earlier national 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 1356/2007-4), 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 for goods and services in Classes 9, 16, 35, 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 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 part
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 1356/2007-4);
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.