CELEX: 62009TJ0112
Language: en
Date: 2010-09-08
Title: Judgment of the General Court (First Chamber) of 8 September 2010. # Icebreaker Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark ICEBREAKER - Earlier national word mark ICEBERG - Relative ground for refusal - Likelihood of confusion - Partial refusal to register - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-112/09.

Judgment of the General Court (First Chamber) of 8 September 2010 – Icebreaker v OHIM – Gilmar (ICEBREAKER)
      (Case T-112/09)
      Community trade mark – Opposition proceedings – Application for Community word mark ICEBREAKER – Earlier national word mark ICEBERG – Relative ground for refusal – Likelihood of confusion – Partial refusal to register – 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 22, 48)
      
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 January 2009 (Case R 1536/2007-4) relating
                  to opposition proceedings between Gilmar SpA and Icebreaker Ltd.
               
            Information relating to the case 
      
               Applicant for the Community trade mark:
            
            
               Icebreaker Ltd
            
         
               Community trade mark sought:
            
            
               Word mark ICEBREAKER for goods in Classes 9, 24 and 25 – Application No 3205523
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Gilmar SpA
            
         
               Mark or sign cited in opposition: 
            
            
               Italian trade mark registration of the word mark ICEBERG for goods in Class 25; international trade mark registration of the
                  word mark ICEBERG for goods in Class 25; Spanish trade mark registration of the word mark ICEBERG for goods in Class 25; Italian
                  trade mark registration of the word mark ICE for goods in Class 25; international trade mark registration of the word mark
                  ICE for goods in Class 25
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition partially upheld
            
         
               Decision of the Board of Appeal: 
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action; 
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Icebreaker Ltd to pay the costs.