CELEX: 62010TJ0022
Language: en
Date: 2011-11-10
Title: Judgment of the General Court (Seventh Chamber) of 10 November 2011.#Esprit International LP v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community trade mark - Opposition proceedings - Application for the Community figurative mark consisting of the representation of a letter on a pocket - Earlier national figurative mark representing a letter - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009.#Case T-22/10.

Judgment of the General Court (Seventh Chamber) of 10 November 2011 – Esprit International v OHIM – Marc O'Polo International
            (Representation of a letter on a pocket)
      (Case T-22/10)
      Community trade mark – Opposition proceedings – Application for the Community figurative mark consisting of the representation of a letter on a pocket – Earlier national figurative mark representing a letter – 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 106-108)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 19 November 2009 (Case R 1666/2008-4), relating
                  to opposition proceedings between Marc O’Polo International GmbH and Esprit International LP.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Esprit International LP to pay the costs.