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Judgment of the General Court (Second Chamber) of 20 September 2011. # Aloys F. Dornbracht GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition procedure - Application for the Community word mark META - Earlier Community figurative mark METAFORM - Relative grounds for refusal - Similarity of the goods and the signs - Refusal of registration - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Likelihood of confusion. # Case T-1/09.
ECLI:EU:T:2011:495
62009TJ0001
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(Case T-1/09)
Community trade mark – Opposition procedure – Application for the Community word mark META – Earlier Community figurative mark METAFORM – Relative grounds for refusal – Similarity of the goods and the signs – Refusal of registration – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Likelihood of confusion
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 26, 49, 54, 59, 63-64)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 November 2008 (Case R 1152/2006-4) concerning opposition proceedings between Metaform Lucchese SpA and Aloys F. Dornbracht GmbH & Co KG.
Operative part
The Court:
1.Dismisses the action;
2.Orders Dornbracht GmbH & Co. KG to pay the costs.