Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 14.8.2010 | EN | Official Journal of the European Union | C 221/41 |

---

Judgment of the General Court of 7 July 2010 — mPAY24 GmbH v OHIM — Ultra (M PAY)

(Case T-557/08)[(1)](#ntr1-C_2010221EN.01004101-E0001)

(Community trade mark - Opposition proceedings - Application for Community figurative mark M PAY - Earlier Community and national word marks MPAY24 - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2010/C 221/66

Language of the case: English

Parties

Applicant: mPAY24 GmbH (Vienna, Austria) (represented by: H-G. Zeiner, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Ultra d.o.o. Proizvodnja elektronskih naprav (Zagorje ob Savi, Slovenia)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 30 September 2008 (Case R 221/2007-1) relating to opposition proceedings between mPAY24 GmbH and Ultra d.o.o. Proizvodnja elektronskih naprav.

Operative part of the judgment

The Court:

|  |  |
| --- | --- |
| 1. | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 September 2008 (Case R 221/2007-1) in so far as that decision dismissed the opposition brought by mPAY24 GmbH; |

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

---

[Top](#document1)