CELEX: 62008TJ0449
Language: en
Date: 2011-10-18
Title: Judgment of the General Court (Second Chamber) of 18 October 2011. # SLV Elektronik GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark LINE - Earlier national word and figurative marks Line - Partial refusal to register - Relative grounds 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-449/08.

Judgment of the General Court (Second Chamber) of 18 October 2011 – SLV Elektronik v OHIM – Jiménez Muñoz (LINE)
      (Case T-449/08)
      Community trade mark – Opposition proceedings – Application for the Community figurative mark LINE – Earlier national word and figurative marks Line – Partial refusal to register – Relative grounds 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)
      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 42, 51-53)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 18 July 2008 (Case R 759/2007-4), relating to
                  opposition proceedings between Angel Jiménez Muñoz and SLV Elektronik GmbH.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
                     Designs) (OHIM) of 18 July 2008 (Case R 759/2007-4) in so far as concerns the goods ‘mains‑operated lights, lighting apparatus
                     and installations, stage effects lighting apparatus; electric lamps; individual parts for the aforesaid goods’ in Class 11;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to pay the costs.