Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Sixth Chamber) of 3 March 2010 – Lufthansa AirPlus Servicekarten v OHIM – Applus Servicios
Tecnológicos (A+)**

**(Case T-321/07)**

Community trade mark – Opposition proceedings – Application for Community figurative mark A+ – Earlier Community word mark AirPlus International – Relative grounds for refusal – No likelihood of confusion – Lack of similarity between the signs – Duty to state reasons – Rights of the defence – Articles 8(1)(b) and (5), 73, 74 and 79 of Regulation (EC) No 40/94 (now Articles 8(1)(b) and (5), 75, 76 and 83 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 30, 43)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 7 June 2007 (Case R 310/2006-2), relating to opposition proceedings between Lufthansa AirPlus Servicekarten GmbH and Applus Servicios Tecnológicos, SL. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Applus Servicios Tecnológicos, SL |
| Community trade mark sought: | Figurative trade mark ‘A+’ for goods and services in Classes 9, 35, 36, 37, 40, 41 and 42 – application No 2933356 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Lufthansa AirPlus Servicekarten GmbH |
| Mark or sign cited in opposition: | Community word mark Airplus International for goods and services in Classes 9, 35, 36 and 42 |
| 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 Lufthansa AirPlus Servicekarten GmbH to bear its own costs and those incurred by the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM);

3.      Orders Applus Servicios Tecnológicoas, SL to bear its own costs.

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