CELEX: 62007TJ0485
Language: en
Date: 2011-09-14
Title: Judgment of the General Court (Sixth Chamber) of 14 September 2011. # Olive Line International, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark O-live - Earlier national trade name Olive line - Relative ground for refusal - Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009) - Right to prohibit use of a subsequent mark - Likelihood of confusion - Article 7 of the Spanish Trade Mark Law and Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009). # Case T-485/07.

Judgment of the General Court (Sixth Chamber) of 14 September 2011 – Olive Line International v OHIM – Knopf (O-live)
      (Case T-485/07)
      Community trade mark – Opposition proceedings – Application for Community figurative mark O-live – Earlier national trade name Olive line – Relative ground for refusal – Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009) – Right to prohibit use of a subsequent mark – Likelihood of confusion – Article 7 of the Spanish Trade Mark Law and Article 8(1) of Regulation No 40/94 (now Article 8(1) of Regulation No 207/2009)
      1.                     Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition
            by the proprietor of an unregistered trade mark or other sign used in the course of trade – Conditions – Interpretation in
            the light of Community law – Assessment having regard to criteria laid down by national law governing the sign invoked (Council
            Regulation No 40/94, Art. 8(4)) (see paras 49-51)
      2.                     Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition
            by the proprietor of an unregistered trade mark or other sign used in the course of trade (Council Regulation No 40/94, Art.
            8(4)) (see paras 67, 103-107)
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 26 September 2007 (Case R 1478/2006-2) in opposition
                  proceedings between Olive Line International, SL, and Mr Reinhard Knopf.
               
            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 26 September 2007 (Case R 1478/2006-2);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to pay the costs;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders Mr Reinhard Knopf to bear his own costs.