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Document 62007TJ0079

Judgment of the Court of First Instance (Sixth Chamber) of 26 June 2008.
SHS Polar Sistemas Informáticos, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community figurative mark POLARIS - Earlier Community word mark POLAR - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-79/07.

European Court Reports 2008 II-00099*

ECLI identifier: ECLI:EU:T:2008:230





Judgment of the Court of First Instance (Sixth Chamber) of 26 June 2008 – SHS Polar Sistemas Informáticos v OHIM – Polaris Software Lab (POLARIS)

(Case T-79/07)

Community trade mark – Opposition proceedings – Application for the Community figurative mark POLARIS – Earlier Community word mark POLAR – Relative ground for refusal – No 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 48, 50-51)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 8 January 2007 (Case R 658/2006-2) relating to opposition proceedings between SHS Polar Sistemas Informáticos SL and Polaris Software Lab Ltd.

Information relating to the case

Applicant for the Community trade mark:

Polaris Software Lab Ltd

Community trade mark sought:

Figurative mark POLARIS for goods and services in Classes 9 and 42 – Application No 3267713

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

SHS Polar Sistemas Informáticos, SL

Mark or sign cited in opposition:

Community word mark POLAR for goods and services in Classes 9, 38 and 42

Decision of the Opposition Division:

Opposition upheld in respect of all the goods at issue in Class 9

Decision of the Board of Appeal:

Decision of the Opposition Division annulled


Operative part

The Court:

1.

Dismisses the action;

2.

Orders SHS Polar Sistemas Informáticos, SL to pay the costs.

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