(Case T-372/09)

Community trade mark – Opposition proceedings – Application for figurative Community trade mark GOLD MEISTER – Earlier national and Community trade marks MEISTER – Relative ground for refusal – Likelihood of confusion – 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 21-24, 37-38)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 26 June 2009 (Case R 1465/2008-1) concerning opposition proceedings between Meister & Co. AG and Visti Beheer BV.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Figurative mark GOLD MEISTER in respect of goods and services in Classes 3, 14, 16, 35, 37, 40 and 42 – Application No 5243209

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

Meister & Co. AG

Mark or sign cited in opposition:

German word mark No 39534716 and the Community mark No 2607737 MEISTER for goods in Class 14, whereas the opposition is directed solely against the registration for goods in that Class

Decision of the Opposition Division:

Opposition upheld

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Visti Beheer BV to bear its own costs and pay those incurred by OHIM;

3.Orders Meister & Co. AG to bear its own costs.