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Document 62007TJ0290

    Judgment of the Court of First Instance (Eighth Chamber) of 10 December 2008.
    MIP Metro Group Intellectual Property GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    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.
    Case T-290/07.

    Thuarascálacha na Cúirte Eorpaí 2008 II-00315*

    ECLI identifier: ECLI:EU:T:2008:562





    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.

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