CELEX: 62009TJ0001
Language: en
Date: 2011-09-20 00:00:00
Title: Judgment of the General Court (Second Chamber) of 20 September 2011. # Aloys F. Dornbracht GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition procedure - Application for the Community word mark META - Earlier Community figurative mark METAFORM - Relative grounds for refusal - Similarity of the goods and the signs - Refusal of registration - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Likelihood of confusion. # Case T-1/09.

Judgment of the General Court (Second Chamber) of 20 September 2011 – Dornbracht v OHIM – Metaform Lucchese (META)
      (Case T-1/09)
      Community trade mark – Opposition procedure – Application for the Community word mark META – Earlier Community figurative mark METAFORM – Relative grounds for refusal – Similarity of the goods and the signs – Refusal of registration – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Likelihood of confusion
      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 26, 49, 54, 59, 63-64)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 November 2008 (Case R 1152/2006-4) concerning
                  opposition proceedings between Metaform Lucchese SpA and Aloys F. Dornbracht GmbH & Co KG.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Dornbracht GmbH & Co. KG to pay the costs.