CELEX: 62009TJ0098
Language: en
Date: 2011-04-13
Title: Judgment of the General Court (Seventh Chamber) of 13 April 2011. # Tubesca v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark T TUMESA TUBOS DEL MEDITERRANEO S.A. - Earlier national word mark and international figurative mark TUBESCA - Relative ground of refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-98/09.

Judgment of the General Court (Seventh Chamber) of 13 April 2011 – Tubesca v OHIM – Tubos del Mediterráneo (T TUMESA TUBOS
            DEL MEDITERRANEO S.A.)
      (Case T-98/09)
      Community trade mark – Opposition proceedings – Application for Community figurative mark T TUMESA TUBOS DEL MEDITERRANEO S.A. – Earlier national word mark and international figurative mark TUBESCA – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) 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 – High distinctiveness of the earlier mark – Criteria for assessment (Council Regulation
            No 40/94, Art. 8(1)(b)) (see paras 82-84)
      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 70, 85)
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 17 December 2008 (Case R 518/2008-4) relating
                  to opposition proceedings between Tubesca and Tubos del Mediterráneo, SA.
               
            Information relating to the case 
      
               Applicant for the Community trade mark: 
            
            
               Tubos del Mediterráneo, SA
            
         
               Community trade mark sought: 
            
            
               Figurative mark T TUMESA TUBOS DEL MEDITERRANEO S.A. for goods and services in Classes 6, 35 and 42 – Application No 4085098
            
         
               Proprietor of the mark or sign cited in the opposition proceedings: 
            
            
               Tubesca
            
         
               Mark or sign cited in opposition: 
            
            
               National and international word and figurative marks TUBESCA for goods in Classes 6, 19 and 20
            
         
               Decision of the Opposition Division: 
            
            
               Opposition partially upheld; partial refusal to register the mark applied for
            
         
               Decision of the Board of Appeal: 
            
            
               Decision of the Opposition Division annulled; opposition dismissed
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Tubesca to pay the costs.