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Document 62009TJ0112

    Judgment of the General Court (First Chamber) of 8 September 2010.
    Icebreaker Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition proceedings - Application for Community word mark ICEBREAKER - Earlier national word mark ICEBERG - Relative ground for refusal - Likelihood of confusion - Partial refusal to register - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
    Case T-112/09.

    European Court Reports 2010 II-00172*

    ECLI identifier: ECLI:EU:T:2010:361

    Date of document:
    08/09/2010
    Date lodged:
    19/03/2009
    Author:
    General Court
    Country or organisation from which the request originates:
    Third countries
    Form:
    Judgment
    Authentic language:
    English
    Type of procedure:
    Action for annulment - unfounded, Action for annulment - inadmissible
    Applicant:
    Individual
    Defendant:
    European Union Intellectual Property Office, EU institutions and bodies
    Judge-Rapporteur:
    Dehousse
    Link
    Select all documents mentioning this document
    Instruments cited in case law:





    Judgment of the General Court (First Chamber) of 8 September 2010 – Icebreaker v OHIM – Gilmar (ICEBREAKER)

    (Case T-112/09)

    Community trade mark – Opposition proceedings – Application for Community word mark ICEBREAKER – Earlier national word mark ICEBERG – Relative ground for refusal – Likelihood of confusion – Partial refusal to register – 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 22, 48)

    Re:

    ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 January 2009 (Case R 1536/2007-4) relating to opposition proceedings between Gilmar SpA and Icebreaker Ltd.

    Information relating to the case

    Applicant for the Community trade mark:

    Icebreaker Ltd

    Community trade mark sought:

    Word mark ICEBREAKER for goods in Classes 9, 24 and 25 – Application No 3205523

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

    Gilmar SpA

    Mark or sign cited in opposition:

    Italian trade mark registration of the word mark ICEBERG for goods in Class 25; international trade mark registration of the word mark ICEBERG for goods in Class 25; Spanish trade mark registration of the word mark ICEBERG for goods in Class 25; Italian trade mark registration of the word mark ICE for goods in Class 25; international trade mark registration of the word mark ICE for goods in Class 25

    Decision of the Opposition Division:

    Opposition partially upheld

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Icebreaker Ltd to pay the costs.

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