CELEX: 62007TJ0118
Language: en
Date: 2011-02-18
Title: Judgment of the General Court (Third Chamber) of 18 February 2011. # P.P.TV - Publicidade de Portugal e Televisão, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark PPT - Earlier national figurative mark PPTV - 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). # Case T-118/07.

Judgment of the General Court (Third Chamber) of 18 February 2011 – P.P.TV v OHIM – Rentrak (PPT)
      (Case T-118/07)
      Community trade mark – Opposition proceedings – Application for Community word mark PPT – Earlier national figurative mark PPTV – 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)
      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 24, 75)
      
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 17 January 2007 (Case R 1040/2005-1) concerning
                  opposition proceedings between P.P.TV – Publicidade de Portugal e Televisão, SA and Rentrak Corp.
               
            Information relating to the case 
      
               Applicant for the Community trade mark:
            
            
               Rentrak Corp.
            
         
               Community trade mark sought:
            
            
               Word mark PPT for services in Class 41 – Application No 1758382
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               P.P.TV – Publicidade de Portugal e Televisão, SA
            
         
               Mark or sign cited in opposition:
            
            
               National figurative mark PPTV for services in Class 41 
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld and application for registration of a Community trade mark rejected
            
         
               Decision of the Board of Appeal: 
            
            
               Annulment of the Opposition Division’s decision and rejection of the opposition
            
         
      Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  	1.Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders P.P.TV – Publicidade de Portugal e Televisão, SA, to pay the costs.