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Document 62007TJ0321

Judgment of the General Court (Sixth Chamber) of 3 March 2010.
Lufthansa AirPlus Servicekarten GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community figurative mark A+ - Earlier Community word mark AirPlus International - Relative grounds for refusal - No likelihood of confusion - Lack of similarity between the signs - Duty to state reasons - Rights of the defence - Articles 8(1)(b) and (5), 73, 74 and 79 of Regulation (EC) No 40/94 (now Articles 8(1)(b) and (5), 75, 76 and 83 of Regulation (EC) No 207/2009).
Case T-321/07.

European Court Reports 2010 II-00023*

ECLI identifier: ECLI:EU:T:2010:64





Judgment of the General Court (Sixth Chamber) of 3 March 2010 – Lufthansa AirPlus Servicekarten v OHIM – Applus Servicios Tecnológicos (A+)

(Case T-321/07)

Community trade mark – Opposition proceedings – Application for Community figurative mark A+ – Earlier Community word mark AirPlus International – Relative grounds for refusal – No likelihood of confusion – Lack of similarity between the signs – Duty to state reasons – Rights of the defence – Articles 8(1)(b) and (5), 73, 74 and 79 of Regulation (EC) No 40/94 (now Articles 8(1)(b) and (5), 75, 76 and 83 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 30, 43)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 7 June 2007 (Case R 310/2006-2), relating to opposition proceedings between Lufthansa AirPlus Servicekarten GmbH and Applus Servicios Tecnológicos, SL.

Information relating to the case

Applicant for the Community trade mark:

Applus Servicios Tecnológicos, SL

Community trade mark sought:

Figurative trade mark ‘A+’ for goods and services in Classes 9, 35, 36, 37, 40, 41 and 42 – application No 2933356

Proprietor of the mark or sign cited in the opposition proceedings:

Lufthansa AirPlus Servicekarten GmbH

Mark or sign cited in opposition:

Community word mark Airplus International for goods and services in Classes 9, 35, 36 and 42

Decision of the Opposition Division:

Opposition dismissed

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

1.      Dismisses the action;

2.      Orders Lufthansa AirPlus Servicekarten GmbH to bear its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);

3.      Orders Applus Servicios Tecnológicoas, SL to bear its own costs.

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