CELEX: 62008TJ0501
Language: en
Date: 2011-09-23
Title: Judgment of the General Court (Fifth Chamber) of 23 September 2011. # NEC Display Solutions Europe GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for a Community figurative mark ‘see more’ - Earlier national word marks CMORE - Relative ground for refusal - 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-501/08.

Judgment of the General Court (Fifth Chamber) of 23 September 2011 – NEC Display Solutions Europe v OHIM – C More Entertainment
            (see more)
      (Case T-501/08)
      Community trade mark – Opposition proceedings – Application for a Community figurative mark ‘see more’ – Earlier national word marks CMORE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now 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 – Likelihood
            of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 21-22, 58)
      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 – Weak distinctiveness of the earlier mark – Effect (Council Regulation No 40/94, Art.
            8(1)(b)) (see para. 57)
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 28 August 2008 (Case R 1388/2007-4) relating
                  to opposition proceedings between C More Entertainment AB and NEC Display Solutions Europe GmbH.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders NEC Display Solutions Europe GmbH to pay the costs.