CELEX: 62009TJ0451
Language: en
Date: 2010-12-15
Title: Judgment of the General Court (Eighth Chamber) of 15 December 2010. # Harry Wind v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark Wind - Earlier national figurative mark Wind - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Lack of similarity of the goods and of the services. # Case T-451/09.

Judgment of the General Court (Eighth Chamber) of 15 December 2010 – Wind v OHIM – Sanyang Industry (Wind)
      (Case T-451/09)
      Community trade mark – Opposition proceedings – Application for Community figurative mark Wind – Earlier national figurative mark Wind – Relative ground for refusal – Article 8(1)(b) of Regulation (EC) No 207/2009 – No similarity of goods and services
      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 points 21, 23-32)
      
      Re:
      
         
               ACTION against the decision of the Fourth Board of Appeal of OHIM of 3 September 2009 (Case R 1470/2008-4), relating to opposition
                  proceedings between Mr Harry Wind and Sanyang Industry Co., Ltd.
               
            Information relating to the case 
      
               Applicant for the Community trade mark:
            
            
               Sanyang Industry Co., Ltd
            
         
               Community trade mark sought: 
            
            
               Figurative mark Wind for goods and services in Classes 11, 12 and 37 – Application No 3362605
            
         
               Proprietor of the mark or sign cited in the opposition proceedings: 
            
            
               Harry Wind
            
         
               Mark or sign cited in opposition: 
            
            
               German trade mark registration of the figurative mark Wind for services in Class 37
            
         
               Decision of the Opposition Division: 
            
            
               Opposition dismissed 
            
         
               Decision of the Board of Appeal: 
            
            
               Appeal dismissed 
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Mr Harry Wind to pay the costs.