EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 62006TJ0400
Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009. # Zero Industry Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for figurative Community mark zerorh+ - Earlier national figurative and word marks zero - Likelihood of confusion - Similarity of the signs - Similarity between products - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-400/06.
Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009.
Zero Industry Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for figurative Community mark zerorh+ - Earlier national figurative and word marks zero - Likelihood of confusion - Similarity of the signs - Similarity between products - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
Case T-400/06.
Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009.
Zero Industry Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for figurative Community mark zerorh+ - Earlier national figurative and word marks zero - Likelihood of confusion - Similarity of the signs - Similarity between products - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
Case T-400/06.
European Court Reports 2009 II-00150*
ECLI identifier: ECLI:EU:T:2009:331
Judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 – Zero Industry v OHIM – zero Germany (zerorh+)
(Case T-400/06)
Community trade mark – Opposition proceedings – Application for figurative Community mark zerorh+ – Earlier national figurative and word marks zero – Likelihood of confusion – Similarity of the signs – Similarity between products – 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 25-28, 77-89)
Re:
| ACTION for annulment of the decision of the First Board of Appeal of OHIM of 5 October 2006 (Case R 958/2005-1) concerning opposition proceedings between zero Germany GmbH & Co. KG and Zero Industry Srl. |
Information relating to the case
|
Applicant for the Community trade mark: |
Zero Industry Srl |
|
Community trade mark sought: |
Figurative mark ‘zerorh+’ for goods in Classes 9, 18 and 25 – Application No 2004547 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
zero Germany GmbH & Co. KG, formerly zero International Holding GmbH & Co. KG |
|
Mark or sign cited in opposition: |
The national figurative mark ‘zero’ for goods in Classes 18 and 25 and the national word mark ‘zero’ for goods in Class 9 |
|
Decision of the Opposition Division: |
Opposition upheld |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
1. Dismisses the action;
2. Orders Zero Industry Srl to pay the costs.