CELEX: 62007TJ0079
Language: en
Date: 2008-06-26 00:00:00
Title: Judgment of the Court of First Instance (Sixth Chamber) of 26 June 2008. # SHS Polar Sistemas Informáticos, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark POLARIS - Earlier Community word mark POLAR - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-79/07.

Judgment of the Court of First Instance (Sixth Chamber) of 26 June 2008 – SHS Polar Sistemas Informáticos v OHIM – Polaris
            Software Lab (POLARIS)
      (Case T-79/07)
      Community trade mark – Opposition proceedings – Application for the Community figurative mark POLARIS – Earlier Community word mark POLAR – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94
      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
         (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 48, 50-51)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 8 January 2007 (Case R 658/2006-2) relating to
                  opposition proceedings between SHS Polar Sistemas Informáticos SL and Polaris Software Lab Ltd.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Polaris Software Lab Ltd
            
         
               Community trade mark sought:
            
            
               Figurative mark POLARIS for goods and services in Classes 9 and 42 – Application No 3267713
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               SHS Polar Sistemas Informáticos, SL
            
         
               Mark or sign cited in opposition:
            
            
               Community word mark POLAR for goods and services in Classes 9, 38 and 42
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld in respect of all the goods at issue in Class 9
            
         
               Decision of the Board of Appeal:
            
            
               Decision of the Opposition Division annulled
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders SHS Polar Sistemas Informáticos, SL to pay the costs.