CELEX: 62009TJ0063
Language: en
Date: 2012-03-21
Title: Judgment of the General Court (Second Chamber) of 21 March 2012. # Volkswagen AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community Trade Mark - Opposition proceedings - Application for Community word mark SWIFT GTi - Earlier international and national marks GTI - Relative grounds for refusal - Similarity of the goods - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Assessment of the likelihood of confusion - Rejection of the opposition. # Case T-63/09.

Judgment of the General Court (Second Chamber) of 21 March 2012 — Volkswagen v OHIM — Suzuki Motor (SWIFT GTi)
      (Case T-63/09)
      Community Trade Mark — Opposition proceedings — Application for Community word mark SWIFT GTi — Earlier international and national marks GTI — Relative grounds for refusal — Similarity of the goods — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Assessment of the likelihood of confusion — Rejection of the opposition
      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 40-42, 117-118, 127,
         131-135)
      
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 9 December 2008 (Case R 749/2007-2) relating
                  to opposition proceedings between Volkswagen AG and Suzuki Motor Corp.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Volkswagen AG to pay the costs.