CELEX: 62010TJ0150
Language: en
Date: 2011-09-29
Title: Judgment of the General Court (Fifth Chamber) of 29 September 2011. # Telefónica O2 Germany GmbH & Co. OHG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark LOOPIA - Earlier Community word marks LOOP and LOOPY - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-150/10.

Judgment of the General Court (Fifth Chamber) of 29 September 2011 – Telefónica O2 Germany v OHIM – Loopia (LOOPIA)
      (Case T-150/10)
      Community trade mark – Opposition proceedings – Application for Community word mark LOOPIA – Earlier Community word marks LOOP and LOOPY – 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 30, 42-44)
      
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 12 January 2010 (Case R 1812/2008-1), concerning
                  opposition proceedings between Telefónica O2 Germany GmbH & Co. OHG and Loopia AB.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
                     (OHIM) of 12 January 2010 (Case R 1812/2008-1);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to bear its own costs and to pay the costs of Telefónica O2 Germany GmbH & Co. OHG;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders OHIM to pay the costs necessarily incurred by Telefónica O2 Germany for the purposes of the proceedings before the
                     First Board of Appeal of OHIM;
                  
               
            
         
                  4.
               
               
                  
               
               
                  	Orders Loopia AB to bear its own costs.