Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Eighth Chamber) of 15 December 2010 – Wind v OHIM – Sanyang Industry (Wind)**

**(Case T-451/09)**

Community trade mark – Opposition proceedings – Application for Community figurative mark Wind – Earlier national figurative mark Wind – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 – No similarity of goods and services

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 207/2009, Art. 8(1)(b)) (see points 21, 23-32)

**Re:**

|  |  |
| --- | --- |
|  | ACTION against the decision of the Fourth Board of Appeal of OHIM of 3 September 2009 (Case R 1470/2008-4), relating to opposition proceedings between Mr Harry Wind and Sanyang Industry Co., Ltd. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Sanyang Industry Co., Ltd |
| Community trade mark sought: | Figurative mark Wind for goods and services in Classes 11, 12 and 37 – Application No 3362605 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Harry Wind |
| Mark or sign cited in opposition: | German trade mark registration of the figurative mark Wind for services in Class 37 |
| Decision of the Opposition Division: | Opposition dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Mr Harry Wind to pay the costs. |

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