CELEX: 62009TJ0461
Language: en
Date: 2011-05-05
Title: Judgment of the General Court (Seventh Chamber) of 5 May 2011. # CheapFlights International Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark Cheapflights with a black aeroplane - Earlier international figurative mark CheapFlights - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-461/09.

Judgment of the General Court (Seventh Chamber) of 5 May 2011 – CheapFlights International v OHIM – Cheapflights (Cheapflights
            with a black aeroplane)
      (Case T-461/09)
      Community trade mark – Opposition proceedings – Application for the Community figurative mark Cheapflights with a black aeroplane – Earlier international figurative mark CheapFlights – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – 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
         – Similarity of the marks concerned – Criteria for assessment – Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 35-36)
      
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 31 August 2009 (Case R 1607/2007-4), relating
                  to opposition proceedings between CheapFlights International Ltd and Cheapflights Ltd.
               
            Information relating to the case 
      
               Applicant for the Community trade mark:
            
            
               Cheapflights Ltd
            
         
               Community trade mark sought:
            
            
               Figurative mark Cheapflights with a black aeroplane for services in Classes 38, 39 and 41 to 44
            
         
               Proprietor of the mark or sign cited in the opposition proceedings: 
            
            
               CheapFlights International Ltd
            
         
               Mark or sign cited in opposition: 
            
            
               Irish trade mark registration of the figurative sign in colour CheapFlights for services in Classes 35, 36, 38, 39 and 41
                  to 44; Irish trade mark application for the word mark CHEAPFLIGHTS for services in Classes 35, 39 and 43; Irish trade mark
                  registration of the word mark CHEAPFLIGHTS for services in Classes 38, 41, 42 and 44; Irish trade mark registration of the
                  figurative sign CheapFlights.ie for services in Classes 35, 39, 41 to 43; International trade mark registration of the figurative
                  sign CheapFlights for services in Classes 35, 38, 39 and 42
               
            
         
               Decision of the Opposition Division: 
            
            
               Opposition upheld in its entirety
            
         
               Decision of the Board of Appeal: 
            
            
               Contested decision annulled; opposition dismissed in its entirety
            
         
      Operative part
      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 1607/2007-4);
                  
               
            
         
                  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.