This document is an excerpt from the EUR-Lex website
Document 62006TJ0400
Summary of the Judgment
Summary of the Judgment
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. |