CELEX: 62010TJ0081
Community trade mark
Opposition proceedings
Application for Community word mark AIR FORCE
Earlier Community and national word and figurative marks TIME FORCE
Relative grounds for refusal
No likelihood of confusion
No similarity of signs
Article 8(1)(b) and (5) of Regulation (EC) No 207/2009

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 January 2010 (Case R 1114/2008-4) relating
to opposition proceedings between Tempus Vade, SL and Mr. Juan Palacios Serrano.
Information relating to the case
Applicant for the Community trade mark:
Juan Palacios Serrano
Community trade mark sought:
Word mark AIR FORCE in respect of goods in Class 14 – Application No 5016704
Proprietor of the mark or sign cited in the opposition proceedings:
Tempus Vade, SL
Mark or sign cited in opposition:
Community word mark TIME FORCE (Application No 395657) in respect of goods in Classes 14, 18 and 25; and four other Community
figurative marks which contain the word element TIME FORCE in respect of goods in Classes 14, 18 and 25 (Application No 398776)
and in respect of goods in Classes 3, 8, 9, 14, 18, 25, 34, 35 and 37 (Application No 3112133)
Decision of the Opposition Division:
Opposition upheld in its entirety
Decision of the Board of Appeal:
Decision of the Opposition Division annulled; opposition dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Tempus Vade, SL to pay the costs.