Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Second Chamber) of 20 September 2011 – Dornbracht v OHIM – Metaform Lucchese (META)**

**(Case T-1/09)**

Community trade mark – Opposition procedure – Application for the Community word mark META – Earlier Community figurative mark METAFORM – Relative grounds for refusal – Similarity of the goods and the signs – Refusal of registration – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Likelihood of confusion

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 26, 49, 54, 59, 63-64)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 November 2008 (Case R 1152/2006-4) concerning opposition proceedings between Metaform Lucchese SpA and Aloys F. Dornbracht GmbH & Co KG. |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Dornbracht GmbH & Co. KG to pay the costs. |

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