Source: EURLEX
Language: en
Format: md

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| 21.5.2011 | EN | Official Journal of the European Union | C 152/19 |

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Judgment of the General Court of 7 April 2011 — Intesa Sanpaolo v OHIM — MIP Metro (COMIT)

(Case T-84/08)[(1)](#ntr1-C_2011152EN.01001901-E0001)

(Community trade mark - Opposition proceedings - Application for Community word mark COMIT - Earlier national figurative mark Comet - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Article 8(3) of Regulation (EC) No 216/96)

2011/C 152/33

Language of the case: English

Parties

Applicant: Intesa Sanpaolo SpA (Turin, Italy) (represented by: A. Perani and P. Pozzi, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by R. Kaase, J.-C. Plate and M. Berger, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 19 December 2007 (Case R 138/2006-4), concerning opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and Intesa Sanpaolo SpA.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 December 2007 (Case R 138/2006-4) to the extent that it dismisses the claim made by Intesa Sanpaolo SpA in respect of the goods in Class 16; |

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| 2. | Dismisses the action as to the remainder; |

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| 3. | Orders OHIM to bear its own costs, together with half of the costs incurred by Intesa Sanpaolo; |

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| 4. | Orders MIP Metro Group Intellectual Property GmbH & Co. KG to bear its own costs. |

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