EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
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.
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.
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.
European Court Reports 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. |