Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Seventh Chamber) of 13 April 2011 – Tubesca v OHIM – Tubos del Mediterráneo (T TUMESA TUBOS
DEL MEDITERRANEO S.A.)**

**(Case T-98/09)**

Community trade mark – Opposition proceedings – Application for Community figurative mark T TUMESA TUBOS DEL MEDITERRANEO S.A. – Earlier national word mark and international figurative mark TUBESCA – 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)

1.                     *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 – High distinctiveness of the earlier mark – Criteria for assessment (Council Regulation
No 40/94, Art. 8(1)(b)) (see paras 82-84)*

2.                     *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 70, 85)*

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 17 December 2008 (Case R 518/2008-4) relating to opposition proceedings between Tubesca and Tubos del Mediterráneo, SA. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Tubos del Mediterráneo, SA |
| Community trade mark sought: | Figurative mark T TUMESA TUBOS DEL MEDITERRANEO S.A. for goods and services in Classes 6, 35 and 42 – Application No 4085098 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Tubesca |
| Mark or sign cited in opposition: | National and international word and figurative marks TUBESCA for goods in Classes 6, 19 and 20 |
| Decision of the Opposition Division: | Opposition partially upheld; partial refusal to register the mark applied for |
| Decision of the Board of Appeal: | Decision of the Opposition Division annulled; opposition dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Tubesca to pay the costs. |

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