Judgment — ECLI:EU:T:2011:58
Date: 2011-02-18
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Portugal

Judgment of the General Court (Third Chamber) of 18 February 2011 – P.P.TV v OHIM – Rentrak (PPT) (Case T-118/07) Community trade mark – Opposition proceedings – Application for Community word mark PPT – Earlier national figurative mark PPTV – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 24, 75) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 17 January 2007 (Case R 1040/2005-1) concerning opposition proceedings between P.P.TV – Publicidade de Portugal e Televisão, SA and Rentrak Corp. Information relating to the case Applicant for the Community trade mark: Rentrak Corp. Community trade mark sought: Word mark PPT for services in Class 41 – Application No 1758382 Proprietor of the mark or sign cited in the opposition proceedings: P.P.TV – Publicidade de Portugal e Televisão, SA Mark or sign cited in opposition: National figurative mark PPTV for services in Class 41 Decision of the Opposition Division: Opposition upheld and application for registration of a Community trade mark rejected Decision of the Board of Appeal: Annulment of the Opposition Division’s decision and rejection of the opposition Operative part The Court: 1.Dismisses the action; 2. 2. Orders P.P.TV – Publicidade de Portugal e Televisão, SA, to pay the costs.