CELEX: 62009TJ0060
Language: en
Date: 2010-07-07 00:00:00
Title: Judgment of the General Court (Fourth Chamber) of 7 July 2010. # Herhof-Verwaltungsgesellschaft mbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for community figurative mark stabilator - Earlier Community word mark STABILAT - Relative ground for refusal - No likelihood of confusion - No similarity of goods and services - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-60/09.

Judgment of the General Court (Fourth Chamber) of 7 July 2010 – Herhof v OHIM – Stabilator (stabilator)
      (Case T-60/09)
      Community trade mark – Opposition proceedings – Application for community figurative mark stabilator – Earlier Community word mark STABILAT – Relative ground for refusal – No likelihood of confusion – No similarity of goods and services – Article 8(1)(b) of Regulation (EC) No 40/94 (now 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
         – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 51)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 16 December 2008 (Cases R 483/2008-4 and R 705/2008-4),
                  relating to opposition proceedings between Herhof-Verwaltungsgesellschaft mbH and Stabilator sp. z o.o.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Stabilator sp. z o.o.
            
         
               Community trade mark sought:
            
            
               Figurative mark stabilator for goods and services in Classes 19, 37 and 42 – Application No 4068961 
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Herhof-Verwaltungsgesellschaft mbH
            
         
               Mark or sign cited in opposition:
            
            
               Word mark STABILAT for goods in Classes 1, 7, 11, 20, 37, 40 and 42
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld in part and application for registration rejected in part 
            
         
               Decision of the Board of Appeal:
            
            
               Contested decision dismissed in part and opposition dismissed 
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action; 
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Herhof-Verwaltungsgesellschaft mbH to pay the costs.