Source: EURLEX
Language: en
Format: md

**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. |  | Orders P.P.TV – Publicidade de Portugal e Televisão, SA, to pay the costs. |

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