CELEX: 62008TJ0557
Language: en
Date: 2010-07-07
Title: Judgment of the General Court (Fourth Chamber) of 7 July 2010. # mPAY24 GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark M PAY - Earlier Community and national word marks MPAY24 - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-557/08.

Judgment of the General Court (Fourth Chamber) of 7 July 2010 – mPAY24 v OHIM – Ultra (M PAY)
      (Case T-557/08)
      Community trade mark – Opposition proceedings – Application for Community figurative mark M PAY – Earlier Community and national word marks MPAY24 – Likelihood of confusion – 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 paras 36, 39, 42-45)
      
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 30 September 2008 (Case R 221/2007‑1) relating
                  to opposition proceedings between mPAY24 GmbH and Ultra d.o.o. Proizvodnja elektronskih naprav.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Ultra d.o.o. Proizvodnja elektronskih naprav
            
         
               Community trade mark sought:
            
            
               Figurative mark MPAY for goods and services in Classes 9, 35 to 38 and 42 – Application No 3587896
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               mPAY24 GmbH
            
         
               Mark or sign cited in opposition:
            
            
               Community trade mark registration No 2061656 of the word mark MPAY24 for goods and services in Classes 9, 16, 35, 36 and 38;
                  Austrian trade mark registration No 200373 of the word mark MPAY24 for goods and services in Classes 9, 16, 35, 36 and 38
               
            
         
               Decision of the Opposition Division:
            
            
               Trade mark application dismissed in its entirety
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed in part
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
                     (OHIM) of 30 September 2008 (Case R 221/2007‑1) in so far as that decision dismissed the opposition brought by mPAY24 GmbH;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to pay the costs.