Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Sixth Chamber) of 14 September 2011 – Olive Line International v OHIM – Knopf (O-live)**

**(Case T-485/07)**

Community trade mark – Opposition proceedings – Application for Community figurative mark O-live – Earlier national trade name Olive line – Relative ground for refusal – Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009) – Right to prohibit use of a subsequent mark – Likelihood of confusion – Article 7 of the Spanish Trade Mark Law and Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009)

1.                     *Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition
by the proprietor of an unregistered trade mark or other sign used in the course of trade – Conditions – Interpretation in
the light of Community law – Assessment having regard to criteria laid down by national law governing the sign invoked (Council
Regulation No 40/94, Art. 8(4)) (see paras 49-51)*

2.                     *Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition
by the proprietor of an unregistered trade mark or other sign used in the course of trade (Council Regulation No 40/94, Art.
8(4)) (see paras 67, 103-107)*

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 26 September 2007 (Case R 1478/2006-2) in opposition proceedings between Olive Line International, SL, and Mr Reinhard Knopf. |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 September 2007 (Case R 1478/2006-2); |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders OHIM to pay the costs; |

|  |  |  |
| --- | --- | --- |
| 3. |  | Orders Mr Reinhard Knopf to bear his own costs. |

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