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Document 62010TJ0216

    Judgment of the General Court (Fourth Chamber) of 23 November 2011.
    Monster Cable Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition proceedings - Application for Community word mark MONSTER ROCK - Earlier national mark MONSTERS OF ROCK - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009.
    Case T-216/10.

    European Court Reports 2011 II-00423*

    ECLI identifier: ECLI:EU:T:2011:691





    Judgment of the General Court (Fourth Chamber) of 23 November 2011 – Monster Cable Products v OHIM – Live Nation (Music) UK (MONSTER ROCK)

    (Case T-216/10)

    Community trade mark – Opposition proceedings – Application for Community word mark MONSTER ROCK – Earlier national mark MONSTERS OF ROCK – Relative ground for refusal – Likelihood of confusion – Similarity of the goods – Similarity of the signs – 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 207/2009, Art. 8(1)(b)) (see paras 17, 53-54)

    Re:

    ACTION brought against the decision of the First Board of Appeal of OHIM of 24 February 2010 (Case R 216/2009-1), concerning opposition proceedings between Live Nation (Music) UK Ltd and Monster Cable Products, Inc.

    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Monster Cable Products, Inc. to pay the costs.

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