CELEX: 62009TA0460
Language: en
Date: 2011-05-05 00:00:00
Title: Case T-460/09: Judgment of the General Court of 5 May 2011 — CheapFlights International v OHIM — Cheapflights (Cheapflights) (Community trade mark — Opposition proceedings — Application for the Community figurative mark Cheapflights — Earlier national figurative mark CheapFlights — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)

25.6.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 186/22
            
         Judgment of the General Court of 5 May 2011 — CheapFlights International v OHIM — Cheapflights (Cheapflights)
   (Case T-460/09) (1)
   
   (Community trade mark - Opposition proceedings - Application for the Community figurative mark Cheapflights - Earlier national figurative mark CheapFlights - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
   2011/C 186/40
   Language of the case: English
   
      Parties
   
   
      Applicant: CheapFlights International Ltd (Ballybofey, Ireland) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Cheapflights Ltd (London, United Kingdom) (represented by: M. Edenborough, QC)
   
      Re:
   
   Action brought against the decision of the Fourth Board of Appeal of OHIM of 31 August 2009 (Case R 1356/2007-4), relating to opposition proceedings between CheapFlights International Ltd and Cheapflights Ltd
   
      Operative part of the judgment
   
   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 31 August 2009 (Case R 1356/2007-4);
            
         
               2.
            
            
               Dismisses the action as to the remainder;
            
         
               3.
            
            
               Orders OHIM and Cheapflights Ltd to pay the costs including those incurred by CheapFlights International Ltd in the proceedings before the Board of Appeal.
            
         
      (1)  OJ C 24, 30.1.2010.