Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Third Chamber) of 22 March 2011 – Ford Motor v OHIM – Alkar Automotive (CA)**

**(Case T-486/07)**

Community trade mark – Opposition proceedings – Application for figurative Community trade mark CA – Earlier Community word and figurative marks KA – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) 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 27, 92)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 October 2007 (Case R 85/2006-4), relating to opposition proceedings between Ford Motor Company and Alkar Automotive, SA. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Alkar Automotive, SA |
| Community trade mark sought: | Figurative mark CA for, *inter alia*, goods in Classes 9, 11 and 12 – Application No 3186764 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Ford Motor Company |
| Mark or sign cited in opposition: | Community word and figurative marks KA for goods and services in Classes 9, 12, 14, 16, 18, 20, 21, 27, 32 and 37 |
| Decision of the Opposition Division: | Opposition rejected in its entirety |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Ford Motor Company to pay the costs. |

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