Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Fourth Chamber) of 7 July 2010 – Herhof v OHIM – Stabilator (stabilator)**

**(Case T-60/09)**

Community trade mark – Opposition proceedings – Application for community figurative mark stabilator – Earlier Community word mark STABILAT – Relative ground for refusal – No likelihood of confusion – No similarity of goods and services – 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 para. 51)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 16 December 2008 (Cases R 483/2008-4 and R 705/2008-4), relating to opposition proceedings between Herhof-Verwaltungsgesellschaft mbH and Stabilator sp. z o.o. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Stabilator sp. z o.o. |
| Community trade mark sought: | Figurative mark stabilator for goods and services in Classes 19, 37 and 42 – Application No 4068961 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Herhof-Verwaltungsgesellschaft mbH |
| Mark or sign cited in opposition: | Word mark STABILAT for goods in Classes 1, 7, 11, 20, 37, 40 and 42 |
| Decision of the Opposition Division: | Opposition upheld in part and application for registration rejected in part |
| Decision of the Board of Appeal: | Contested decision dismissed in part and opposition dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Herhof-Verwaltungsgesellschaft mbH to pay the costs. |

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