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Case T-112/09: Judgment of the General Court of 8 September 2010 — Icebreaker v OHIM — Gilmar (ICEBREAKER) (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))
ECLI:EU:UNKNOWN:62009TA0112
62009TA0112
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23.10.2010
Official Journal of the European Union
C 288/39
(Case T-112/09) (<span class="oj-super oj-note-tag">1</span>)
(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))
(2010/C 288/75)
Language of the case: English
Parties
Applicant: Icebreaker Ltd (Wellington, New Zealand) (represented by: L. Prehn, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Gilmar SpA (San Giovanni in Marignano, Italy) (represented by: P. Perani and P. Pozzi, lawyers)
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.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Icebreaker Ltd to bear the costs.
(<span class="oj-super">1</span>) OJ C 113, 16.5.2009.