CELEX: 62008TJ0363
Language: en
Date: 2010-03-24 00:00:00
Title: Judgment of the General Court (Fourth Chamber) of 24 March 2010. # 2nine Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark nollie - Earlier national and international word marks NOLI - Relative ground for refusal - No similarity between the goods - 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) - Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009). # Case T-363/08.

Judgment of the General Court (Fourth Chamber) of 24 March 2010 – 2nine v OHIM – Pacific Sunwear of California (nollie)
      (Case T-363/08)
      Community trade mark – Opposition proceedings – Application for the Community figurative mark nollie – Earlier national and international word marks NOLI – Relative ground for refusal – No similarity between the goods – 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) – Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation 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 24, 43)
      
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 16 June 2008 (Case R 1590/2007-2), relating to
                  opposition proceedings between 2nine Ltd and Pacific Sunwear of California, Inc.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Pacific Sunwear of California, Inc.
            
         
               Community trade mark sought:
            
            
               Figurative mark nollie for goods and services in Classes 3, 9, 11, 14, 18, 20, 25 and 26 – application No 4602017
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               2nine Ltd
            
         
               Mark or sign cited in opposition:
            
            
               International trade mark registration No 839740 of the word mark NOLI for goods in Classes 3, 18, 24 and 25; United Kingdom
                  trade mark registration No 2361525 of the word mark NOLI for goods in Classes 3, 18, 24 and 25
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld; trade mark application refused
            
         
               Decision of the Board of Appeal:
            
            
               Contested decision partially annulled
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders 2nine Ltd to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade
                     Marks and Designs) (OHIM).