CELEX: 62009TJ0433
Language: en
Date: 2011-04-14
Title: Judgment of the General Court (Second Chamber) of 14 April 2011. # TTNB v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark Tila March - Earlier national figurative mark CARMEN MARCH - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-433/09.

Judgment of the General Court (Second Chamber) of 14 April 2011 – TTNB v OHIM – March Juan (Tila March)
      (Case T-433/09)
      Community trade mark – Opposition proceedings – Application for Community word mark Tila March – Earlier national figurative mark CARMEN MARCH – Relative ground for refusal – Likelihood of confusion – 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 207/2009, Art. 8(1)(b)) (see paras 22-23, 60)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 20 August 2009 (Case R 1538/2008-2), relating
                  to opposition proceedings between Carmen March Juan and TTNB.
               
            Information relating to the case 
      
               Applicant for the Community trade mark: 
            
            
               Tamara Taichman, succeeded by the applicant, TTNB
            
         
               Community trade mark sought: 
            
            
               Word mark Tila March for goods in Classes 3, 18 and 25 – Application No 5402722 
            
         
               Proprietor of the mark or sign cited in the opposition proceedings: 
            
            
               Carmen March Juan
            
         
               Mark or sign cited in opposition: 
            
            
               Spanish word mark CARMEN MARCH for goods and services in Classes 3, 18, 24, 25, 35 and 38, the opposition being brought against
                  registration of goods in Classes 3, 18 and 25
               
            
         
               Decision of the Opposition Division: 
            
            
               Opposition dismissed 
            
         
               Decision of the Board of Appeal: 
            
            
               Decision of the Opposition Division annulled 
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders TTNB to pay the costs.