CELEX: 62007TJ0290
Language: en
Date: 2008-12-10
Title: Judgment of the Court of First Instance (Eighth Chamber) of 10 December 2008. # MIP Metro Group Intellectual Property GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative trade mark METRONIA - Earlier national figurative trade mark METRO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-290/07.

Judgment of the Court of First Instance (Eighth Chamber) of 10 December 2008 – MIP Metro v OHIM – Metronia (METRONIA)
      (Case T-290/07)
      Community trade mark – Opposition proceedings – Application for Community figurative trade mark METRONIA – Earlier national figurative trade mark METRO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94
      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 37-38, 51, 55-56)
      
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 May 2007 (Case R 1315/2006-2), relating to
                  opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and Metronia, SA.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Metronia, SA
            
         
               Community trade mark sought:
            
            
               Figurative mark METRONIA for goods in Class 9 and services in Classes 20, 28 and 41 – Application No 3387834
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               MIP Metro Group Intellectual Property GmbH & Co. KG
            
         
               Mark or sign cited in opposition:
            
            
               National figurative mark METRO for goods and services, inter alia, in Classes 9, 20, 28 and 41
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld, registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Opposition dismissed; registration allowed
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
                     Designs) (OHIM) of 29 May 2007 (Case R 1315/2006-2);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to bear its own costs and to pay the costs incurred by MIP Metro Group Intellectual Property GmbH & Co. KG;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders Metronia SA to bear its own costs.