CELEX: 62008TJ0072
Language: en
Date: 2010-09-13
Title: Judgment of the General Court (Sixth Chamber) of 13 September 2010. # Travel Service a.s. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community figurative mark smartWings - Earlier national and international word and figurative marks EUROWINGS and EuroWings - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Obligation to state the reasons on which the decision is based - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) - Article 79 of Regulation No 40/94 (now Article 83 of Regulation No 207/2009). # Case T-72/08.

Judgment of the General Court (Sixth Chamber) of 13 September 2010 – Travel Service v OHIM – Eurowings Luftverkehrs (smartWings)
      (Case T-72/08)
      Community trade mark – Opposition proceedings – Application for the Community figurative mark smartWings – Earlier national and international word and figurative marks EUROWINGS and EuroWings – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Duty to state reasons – Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) – Article 79 of Regulation No 40/94 (now Article 83 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 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. 45)
      2.                     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 53, 62)
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 21 November 2007 (Case R 1515/2006-2), relating
                  to opposition proceedings between Eurowings Luftverkehrs AG and Travel Service a.s.
               
            Information relating to the case 
      
               Applicant for the Community trade mark:
            
            
               Travel Service, a.s.
            
         
               Community trade mark sought: 
            
            
               Figurative Community trade mark smartWings for goods and services in Classes 16, 21, 37, 39, 41 and 43 – Application No 3650595
            
         
               Proprietor of the mark or sign cited in the opposition proceedings: 
            
            
               Eurowings Luftverkehrs AG
            
         
               Mark or sign cited in opposition: 
            
            
               National and international word mark EuroWings for goods and services in Classes 16 and 41, the national and international
                  word mark EUROWINGS for goods and services in Classes 39 and 42 and the national word mark WINGSGLASS for goods and services
                  in Classes 16, 39, 41 and 42
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition partially upheld 
            
         
               Decision of the Board of Appeal: 
            
            
               Appeal dismissed 
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Travel Service a.s. to pay, in addition to its own costs, the costs of the Office for Harmonisation in the Internal
                     Market (Trade Marks and Designs) (OHIM) and Eurowings Luftverkehrs AG.