CELEX: 62010TJ0144
Language: en
Date: 2011-05-24 00:00:00
Title: Judgment of the General Court (Fourth Chamber) of 24 May 2011. # Space Beach Club, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark ‘SpS space of sound’ - Earlier national and Community figurative marks ‘space ibiza’, ‘space DANCE BARCELONA’, ‘space DANCE MADRID’, ‘space DANCE VALENCIA’, ‘space DANCE MALLORCA’, ‘space DANCE EIVISSA’, ‘space SPACE IBIZA WORLD’, ‘space DANCE’ and earlier national word mark ‘SPACE VIVA’ - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-144/10.

Judgment of the General Court (Fourth Chamber) of 24 May 2011 – Space Beach Club v OHIM – Flores Gómez (SpS space of sound)
      (Case T-144/10)
      Community trade mark – Opposition proceedings – Application for Community figurative mark ‘SpS space of sound’ – Earlier national and Community figurative marks ‘space ibiza’, ‘space DANCE BARCELONA’, ‘space DANCE MADRID’, ‘space DANCE
         VALENCIA’, ‘space DANCE MALLORCA’, ‘space DANCE EIVISSA’, ‘space SPACE IBIZA WORLD’, ‘space DANCE’ and earlier national word
         mark ‘SPACE VIVA’ – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – 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 – Similarity
            of the marks concerned – Criteria for assessment – Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras
            38-40)
      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 207/2009, Art. 8(1)(b)) (see paras 29, 36-37, 58, 60, 65)
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 18 January 2010 (Case R 766/2009-2) concerning
                  opposition proceedings between Space Beach Club, SA and Miguel Ángel Flores Gómez.
               
            Information relating to the case 
      
               Applicant for the Community trade mark: 
            
            
               Miguel Ángel Flores Gómez
            
         
               Community trade mark sought: 
            
            
               Figurative mark SPS space of sound for goods and services in Classes 9, 35 and 41 – Application No 5683693
            
         
               Proprietor of the mark or sign cited in the opposition proceedings: 
            
            
               Space Beach Club, SA
            
         
               Mark or sign cited in opposition: 
            
            
               Earlier national and Community figurative marks space Ibiza, space DANCE BARCELONA, space DANCE MADRID, space DANCE VALENCIA,
                  space DANCE MALLORCA, space DANCE EIVISSA, space SPACE IBIZA WORLD, space DANCE and earlier national word mark SPACE VIVA
                  for goods and services in Classes 9, 25 and 41
               
            
         
               Decision of the Opposition Division: 
            
            
               Opposition dismissed 
            
         
               Decision of the Board of Appeal: 
            
            
               Appeal dismissed 
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Space Beach Club, SA to pay the costs.