Judgment of the Court of First Instance (Eighth Chamber) of 10 December 2008 – MIP Metro v OHIM – Metronia (METRONIA)

(Case T-290/07)

Community trade mark – Opposition proceedings – Application for Community figurative trade mark METRONIA – Earlier national figurative trade mark METRO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94

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 37-38, 51, 55-56)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 29 May 2007 (Case R 1315/2006-2), relating to opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and Metronia, SA.

Information relating to the case

Applicant for the Community trade mark:	Metronia, SA
Community trade mark sought:	Figurative mark METRONIA for goods in Class 9 and services in Classes 20, 28 and 41 – Application No 3387834
Proprietor of the mark or sign cited in the opposition proceedings:	MIP Metro Group Intellectual Property GmbH & Co. KG
Mark or sign cited in opposition:	National figurative mark METRO for goods and services, inter alia, in Classes 9, 20, 28 and 41
Decision of the Opposition Division:	Opposition upheld, registration refused
Decision of the Board of Appeal:	Opposition dismissed; registration allowed

Operative part

The Court:

1.

Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 29 May 2007 (Case R 1315/2006-2);

2.

Orders OHIM to bear its own costs and to pay the costs incurred by MIP Metro Group Intellectual Property GmbH & Co. KG;

3.

Orders Metronia SA to bear its own costs.