CELEX: 62007TJ0486
Language: en
Date: 2011-03-22 00:00:00
Title: Judgment of the General Court (Third Chamber) of 22 March 2011. # Ford Motor Company v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for figurative Community trade mark CA - Earlier Community word and figurative marks KA - Relative ground for refusal - No 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-486/07.

Judgment of the General Court (Third Chamber) of 22 March 2011 – Ford Motor v OHIM – Alkar Automotive (CA)
      (Case T-486/07)
      Community trade mark – Opposition proceedings – Application for figurative Community trade mark CA – Earlier Community word and figurative marks KA – Relative ground for refusal – No 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 27, 92)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 October 2007 (Case R 85/2006-4), relating
                  to opposition proceedings between Ford Motor Company and Alkar Automotive, SA.
               
            Information relating to the case 
      
               Applicant for the Community trade mark: 
            
            
               Alkar Automotive, SA
            
         
               Community trade mark sought: 
            
            
               Figurative mark CA for, inter alia, goods in Classes 9, 11 and 12 – Application No 3186764
               
            
         
               Proprietor of the mark or sign cited in the opposition proceedings: 
            
            
               Ford Motor Company
            
         
               Mark or sign cited in opposition: 
            
            
               Community word and figurative marks KA for goods and services in Classes 9, 12, 14, 16, 18, 20, 21, 27, 32 and 37
            
         
               Decision of the Opposition Division: 
            
            
               Opposition rejected in its entirety
            
         
               Decision of the Board of Appeal: 
            
            
               Appeal dismissed
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Ford Motor Company to pay the costs.