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Document 62007TJ0486

    Judgment of the General Court (Third Chamber) of 22 March 2011.
    Ford Motor Company v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition proceedings - Application for figurative Community trade mark CA - Earlier Community word and figurative marks KA - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
    Case T-486/07.

    European Court Reports 2011 II-00058*

    ECLI identifier: ECLI:EU:T:2011:104





    Judgment of the General Court (Third Chamber) of 22 March 2011 – Ford Motor v OHIM – Alkar Automotive (CA)

    (Case T-486/07)

    Community trade mark – Opposition proceedings – Application for figurative Community trade mark CA – Earlier Community word and figurative marks KA – Relative ground for refusal – No likelihood of confusion – 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 27, 92)

    Re:

    ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 October 2007 (Case R 85/2006-4), relating to opposition proceedings between Ford Motor Company and Alkar Automotive, SA.

    Information relating to the case

    Applicant for the Community trade mark:

    Alkar Automotive, SA

    Community trade mark sought:

    Figurative mark CA for, inter alia, goods in Classes 9, 11 and 12 – Application No 3186764

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

    Ford Motor Company

    Mark or sign cited in opposition:

    Community word and figurative marks KA for goods and services in Classes 9, 12, 14, 16, 18, 20, 21, 27, 32 and 37

    Decision of the Opposition Division:

    Opposition rejected in its entirety

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Ford Motor Company to pay the costs.

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