CELEX: 62006TJ0400
Language: en
Date: 2009-09-16 00:00:00
Title: Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009. # Zero Industry Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for figurative Community mark zerorh+ - Earlier national figurative and word marks zero - Likelihood of confusion - Similarity of the signs - Similarity between products - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-400/06.

Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 – Zero Industry v OHIM – zero Germany (zerorh+)
      (Case T-400/06)
      Community trade mark – Opposition proceedings – Application for figurative Community mark zerorh+ – Earlier national figurative and word marks zero – Likelihood of confusion – Similarity of the signs – Similarity between products – 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 25-28, 77-89)
      
      Re:
      
         
               ACTION for annulment of the decision of the First Board of Appeal of OHIM of 5 October 2006 (Case R 958/2005-1) concerning
                  opposition proceedings between zero Germany GmbH & Co. KG and Zero Industry Srl.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Zero Industry Srl
            
         
               Community trade mark sought:
            
            
               Figurative mark ‘zerorh+’ for goods in Classes 9, 18 and 25 – Application No 2004547
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               zero Germany GmbH & Co. KG, formerly zero International Holding GmbH & Co. KG
            
         
               Mark or sign cited in opposition:
            
            
               The national figurative mark ‘zero’ for goods in Classes 18 and 25 and the national word mark ‘zero’ for goods in Class 9
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      1.      Dismisses the action;
      2.      Orders Zero Industry Srl to pay the costs.