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Case T-581/08: Judgment of the General Court of 27 September 2011 — Perusahaan Otomobil Nasional v OHIM — Proton Motor Fuel Cell (PM PROTON MOTOR) (Community trade mark — Opposition proceedings — Application for the Community figurative mark PM PROTON MOTOR — Earlier national, Benelux and Community word and figurative marks PROTON — Relative grounds for refusal — No likelihood of confusion — Lack of similarity between the goods and services — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Article 8(5) of Regulation No 40/94 (now Article 8(5) of Regulation No 207/2009))

ECLI:EU:UNKNOWN:62008TA0581

62008TA0581

September 27, 2011
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12.11.2011

Official Journal of the European Union

C 331/17

(Case T-581/08) (<span class="super">1</span>)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark PM PROTON MOTOR - Earlier national, Benelux and Community word and figurative marks PROTON - Relative grounds for refusal - No likelihood of confusion - Lack of similarity between the goods and services - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Article 8(5) of Regulation No 40/94 (now Article 8(5) of Regulation (EC) No 207/2009))

2011/C 331/31

Language of the case: English

Parties

Applicant: Perusahaan Otomobil Nasional Sdn Bhd (Shah Alam, Selangor Darul Ehsan, Malaysia) (represented by: J. Blind, C. Kleiner and S. Ziegler, lawyers)

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, intervener before the General Court: Proton Motor Fuel Cell GmbH (Puchheim, Germany) (represented by: C. Sedlmeir, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 9 October 2008 (Case R 1675/2007-1) concerning opposition proceedings between Perusahaan Otomobil Nasional Sdn Bhd and Proton Motor Fuel Cell GmbH.

Operative part of the judgment

The General Court:

1.Dismisses the action;

2.Orders Perusahaan Otomobil Nasional Sdn Bhd to pay the costs.

(<span class="super">1</span>) OJ C 69, 21.3.2009.

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