Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 – Zero Industry v OHIM – zero Germany (zerorh+)**

**(Case T-400/06)**

Community trade mark – Opposition proceedings – Application for figurative Community mark zerorh+ – Earlier national figurative and word marks zero – Likelihood of confusion – Similarity of the signs – Similarity between products – 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 25-28, 77-89)

**Re:**

|  |  |
| --- | --- |
|  | ACTION for annulment of the decision of the First Board of Appeal of OHIM of 5 October 2006 (Case R 958/2005-1) concerning opposition proceedings between zero Germany GmbH & Co. KG and Zero Industry Srl. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Zero Industry Srl |
| Community trade mark sought: | Figurative mark ‘zerorh+’ for goods in Classes 9, 18 and 25 – Application No 2004547 |
| Proprietor of the mark or sign cited in the opposition proceedings: | zero Germany GmbH & Co. KG, formerly zero International Holding GmbH & Co. KG |
| Mark or sign cited in opposition: | The national figurative mark ‘zero’ for goods in Classes 18 and 25 and the national word mark ‘zero’ for goods in Class 9 |
| Decision of the Opposition Division: | Opposition upheld |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

1.      Dismisses the action;

2.      Orders Zero Industry Srl to pay the costs.

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