CELEX: 62007TJ0321
Language: en
Date: 2010-03-03
Title: Judgment of the General Court (Sixth Chamber) of 3 March 2010. # Lufthansa AirPlus Servicekarten GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark A+ - Earlier Community word mark AirPlus International - Relative grounds for refusal - No likelihood of confusion - Lack of similarity between the signs - Duty to state reasons - Rights of the defence - Articles 8(1)(b) and (5), 73, 74 and 79 of Regulation (EC) No 40/94 (now Articles 8(1)(b) and (5), 75, 76 and 83 of Regulation (EC) No 207/2009). # Case T-321/07.

Judgment of the General Court (Sixth Chamber) of 3 March 2010 – Lufthansa AirPlus Servicekarten v OHIM – Applus Servicios
            Tecnológicos (A+)
      (Case T-321/07)
      Community trade mark – Opposition proceedings – Application for Community figurative mark A+ – Earlier Community word mark AirPlus International – Relative grounds for refusal – No likelihood of confusion – Lack of similarity between the signs – Duty to state reasons – Rights of the defence – Articles 8(1)(b) and (5), 73, 74 and 79 of Regulation (EC) No 40/94 (now Articles 8(1)(b) and (5), 75, 76 and 83 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 40/94, Art. 8(1)(b)) (see paras 30, 43)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 7 June 2007 (Case R 310/2006-2), relating to
                  opposition proceedings between Lufthansa AirPlus Servicekarten GmbH and Applus Servicios Tecnológicos, SL.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Applus Servicios Tecnológicos, SL 
            
         
               Community trade mark sought:
            
            
               Figurative trade mark ‘A+’ for goods and services in Classes 9, 35, 36, 37, 40, 41 and 42 – application No 2933356
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Lufthansa AirPlus Servicekarten GmbH
            
         
               Mark or sign cited in opposition:
            
            
               Community word mark Airplus International for goods and services in Classes 9, 35, 36 and 42
            
         
               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 Lufthansa AirPlus Servicekarten GmbH to bear its own costs and those incurred by the Office for Harmonisation in the
         Internal Market (Trade Marks and Designs) (OHIM);
      
      3.      Orders Applus Servicios Tecnológicoas, SL to bear its own costs.