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Case T-290/07: Judgment of the Court of First Instance of 10 December 2008 — MIP Metro v OHIM — Metronia (METRONIA) (Community trade mark — Opposition proceedings — Application for Community figurative trade mark METRONIA — Earlier national figurative trade mark METRO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
ECLI:EU:UNKNOWN:62007TA0290
62007TA0290
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Official Journal of the European Union
C 32/31
(Case T-290/07)(1)
(Community trade mark - Opposition proceedings - Application for Community figurative trade mark METRONIA - Earlier national figurative trade mark METRO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
(2009/C 32/58)
Language of the case: English
Parties
Applicant: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by: J.-C. Plate, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Metronia, SA (Madrid, Spain) (represented by: J. Riera Blanco, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 29 May 2007 (Case R 1315/2006-2), relating to opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and Metronia, SA.
Operative part of the judgment
The Court:
1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 29 May 2007 (Case R 1315/2006-2);
2.Orders OHIM to bear its own costs and to pay the costs incurred by MIP Metro Group Intellectual Property GmbH & Co. KG;
3.Orders Metronia SA to bear its own costs.
(1) OJ C 235, 6.10.2007.