Source: EURLEX
Language: en
Format: md

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| 12.11.2011 | EN | Official Journal of the European Union | C 331/17 |

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Judgment of the General Court of 27 September 2011 — Perusahaan Otomobil Nasional v OHIM — Proton Motor Fuel Cell (PM PROTON MOTOR)

(Case T-581/08)[(1)](#ntr1-C_2011331EN.01001702-E0001)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark PM PROTON MOTOR - Earlier national, Benelux and Community word and figurative marks PROTON - Relative grounds for refusal - No likelihood of confusion - Lack of similarity between the goods and services - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Article 8(5) of Regulation No 40/94 (now Article 8(5) of Regulation No 207/2009))

2011/C 331/31

Language of the case: English

Parties

Applicant: Perusahaan Otomobil Nasional Sdn Bhd (Shah Alam, Selangor Darul Ehsan, Malaysia) (represented by: J. Blind, C. Kleiner and S. Ziegler, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Proton Motor Fuel Cell GmbH (Puchheim, Germany) (represented by: C. Sedlmeir, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 9 October 2008 (Case R 1675/2007-1) concerning opposition proceedings between Perusahaan Otomobil Nasional Sdn Bhd and Proton Motor Fuel Cell GmbH.

Operative part of the judgment

The General Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Perusahaan Otomobil Nasional Sdn Bhd to pay the costs. |

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