Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Sixth Chamber) of 17 December 2009 – Notartel v OHIM – SAT.1 (R.U.N.)**

**(Case T-490/07)**

Community trade mark – Opposition proceedings – Application for Community word mark R.U.N. – Earlier Community and national word marks ‘ran’ – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Obligation to state reasons – Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) – Partial refusal of registration)

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 52, 71)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 22 October 2007 (Case R 1267/2006-4) concerning opposition proceedings between SAT.1 SatellitenFernsehen GmbH and Notartel SpA – Società informatica del Notariato. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Notartel SpA – Sociétà informatica del Notariato |
| Community trade mark sought: | Word mark R.U.N. for services in Classes 35, 38 and 42 – Application No 1069863 |
| Proprietor of the mark or sign cited in the opposition proceedings: | SAT.1 SatellitenFernsehen GmbH |
| Mark or sign cited in opposition: | Community and national word mark ran, for goods and services in Classes 9, 35, 38, 41 and 42 |
| Decision of the Opposition Division: | Opposition dismissed |
| Decision of the Board of Appeal: | Appeal allowed in part, in respect of some services in Classes 38 and 42 |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Notartel SpA – Società informatica del Notariato to pay the costs. |

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