Judgment — ECLI:EU:T:2011:198
Date: 2011-05-05
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Ireland

Judgment of the General Court of 5 May 2011 - CheapFlights International v OHIM - Cheapflights (Cheapflights) (Case T-460/09) 1 (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) Language of the case: English Parties Applicant: CheapFlights International Ltd (Ballybofey, Ireland) (represented by: A. von Mühlendahl and H. Hartwig, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent) Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Cheapflights Ltd (London, United Kingdom) (represented by: M. Edenborough, QC) Re: 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 Operative part of the judgment The Court: 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); Dismisses the action as to the remainder; Orders OHIM and Cheapflights Ltd to pay the costs including those incurred by CheapFlights International Ltd in the proceedings before the Board of Appeal. ____________ 1 - OJ C 24, 30.1.2010.